Legal Guide

Are You Considering Remarrying After A Divorce? Take A Step Back And Consider The Following First.

If you're considering remarrying after a divorce, it's important to take a step back and think about a few things first. While starting fresh and feeling swept off your feet may be appealing, it's essential to remember that you've been down this road before, and the first "happily ever after" didn't last. You may have realized that things just couldn't work out, and the divorce process was likely challenging, even with a competent lawyer by your side.

Now, as you prepare to give love another chance, there's one crucial consideration you must keep in mind: are you legally allowed to remarry? While marriage is a joyous occasion that deserves to be celebrated, it's important to make sure that all legal requirements are met before taking that step again. 

Your Remarriage May Not Be Legal

The simple answer is “Yes.” But things may work differently after you’ve had a divorce, especially if it was a recent one.

Though most states allow you to remarry immediately after your divorce is finalized, there are a handful of states that put you on a leash.

States with Waiting Periods for Remarriage

  • Alabama: 60 days
  • Kansas: 30 days
  • Massachusetts: 3 months
  • Nebraska: 6 months
  • Oklahoma: 6 months
  • Rhode Island: 3 months
  • Texas: 30 days
  • Washington, D.C.: 30 days
  • Wisconsin: 6 months

How Remarriage Impacts Your Children

Whenever children are involved, any situation becomes a bit more sensitive. Although remarriage may be just what you need, your children might need a bit more time to heal their wounds, especially if their relationship with your ex-spouse was happy and healthy and continues to this day.

Your children might still be coping with having a member of their family suddenly removed from their immediate picture. Your children may even hold some resentment, especially if they feel like they had no say in the divorce itself in the first place.

Sit down with your children and encourage them to speak freely and openly to you while also reciprocating; any healthy relationship is built on plenty of communication. 

Blended families are becoming increasingly prevalent, and they can be successful and happy households, but, of course, they will come with their own set of challenges, especially in their wake. But preparing all members involved for inevitable change will help everyone ease into the process more smoothly. 

Financial Discussions

Consider your finances thoroughly before reentering another marriage, especially if money played a significant role in the downward spiral of your previous marriage.

Perhaps you are receiving alimony, if not the one paying it; various states have their own peculiarities regarding alimony and remarriage after a divorce. "You may have questions regarding this process and your particular situation, so getting in touch with your attorney may be helpful for your case," says attorney Shawna Woods of Atlanta Divorce Law Group.

Contemplating A Prenuptial Agreement?

If there is a significant disparity between you and your soon-to-be spouse’s income or property, consider entering a prenuptial agreement.

Speak with a lawyer who can explain the benefits of signing a premarital agreement and who can guide you and your spouse through the process with transparency.

Key Takeaways

Remarriage can be a wonderful thing and a potential step towards a much happier future for you and your family. Still, with most life-changing commitments and good things, patience is vital. Taking the time to sit down, collect your thoughts, air out any frustrations, communicate with all parties involved, and plan carefully can further ensure that your remarriage is the happily ever after you deserve!

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