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Is my marriage valid if it occurred before the divorce waiting period?

Is my marriage valid if it occurred before the divorce waiting period?

Q: Can my ex get half of my inheritance after divorce?

In Texas, an ex-spouse typically cannot claim half of your inheritance received after the divorce. Inheritance is considered separate property. However, if the inheritance is mixed with marital assets, it may become subject to division. Consulting with a legal professional can help clarify your specific situation.

Full question:

I am married and I live in Texas. Before our marriage my husband had divorced his first wife. We got married 2 days after obtaining his divorce decree. Is our marriage a valid marriage?

Category: Marriage
Date: 04/07/2025
State: Texas

Answer:

In Texas, a person who has been divorced cannot remarry until thirty days after the divorce decree is issued. This is mandated by law, which states that neither party to a divorce may marry a third party before the thirty-first day after the divorce (Tex. Fam. Code § 6.801).

However, a court can waive this waiting period for good cause, provided a record of the proceedings is kept or if the court files findings of fact and conclusions of law regarding the couple's assets and liabilities at the time of the divorce (Tex. Fam. Code § 6.802).

Since you married just two days after your husband's divorce, your marriage may not be valid unless the court granted a waiver for the waiting period. It is advisable to consult with a legal professional to discuss your specific situation.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Can ex wife claim inheritance after divorce in Texas?

In Texas, an ex-wife generally cannot claim inheritance received by her former spouse after the divorce is finalized. Inheritance is typically considered separate property and does not get divided in a divorce. However, if the inheritance was commingled with marital assets or used for joint expenses, it may complicate matters. It's advisable to consult a legal professional for specific situations.

What happens if my husband moves out?

If your husband moves out, it does not automatically affect your marital status. However, it can impact issues like child custody, support, and property division if you decide to divorce. It's important to document any agreements made between you and your spouse and consider seeking legal advice to understand your rights and responsibilities.

Can my ex get half of my inheritance after divorce?

What happens if you get married before your divorce is final in Texas?

If you marry before your divorce is final in Texas, your new marriage may be considered invalid. Texas law requires a waiting period of 30 days after a divorce decree before remarrying (Tex. Fam. Code § 6.801). If you did not receive a waiver from the court, it is advisable to speak with a legal professional about your circumstances.

Can I afford to keep the house after divorce?

Whether you can afford to keep the house after a divorce depends on various factors, including your income, expenses, and the terms of the divorce settlement. You may need to consider mortgage payments, property taxes, and maintenance costs. It’s wise to consult with a financial advisor or attorney to evaluate your options and create a budget.

Is inheritance protected in divorce in Texas?

Yes, in Texas, inheritance is generally considered separate property and is protected in a divorce. This means it typically does not get divided between spouses. However, if the inheritance is mixed with community property or used for joint expenses, it may complicate matters. Consulting a legal professional can provide clarity based on your situation.