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:
- State: Texas
Answer:
In Texas, remarriage by a divorced person to a third party before 31st day of the divorce is prohibited by statute. Thus, either party to a divorce may marry a new person only after a mandatory thirty day waiting period has passed. However, the court may waive the prohibition against remarriage for good cause, if a record of the proceedings is made and preserved, or if findings of fact and conclusions of law concerning each party's and community estate’s assets, liabilities, claims, and offsets are filed by the court when the divorce judgment was entered.Tex. Fam. Code § 6.801, and Tex. Fam. Code § 6.802 provides the provisions relating to remarriage. Tex. Fam. Code § 6.801 prohibits the remarriage within 30 days. It reads as follows:
“(a) Except as otherwise provided by this subchapter, neither party to a divorce may marry a third party before the 31st day after the date the divorce is decreed.
(b)***”
(b)***”
Tex. Fam. Code § 6.802 states the provision relating to the Waiver of prohibition against remarriage. It reads as follows:
“For good cause shown the court may waive the prohibition against remarriage provided by this subchapter as to either or both spouses if a record of the proceedings is made and preserved or if findings of fact and conclusions of law are filed by the court.”
Tex. Fam. Code § 6.711 deals with findings of fact and conclusions of law. It reads as follows:
(a) In a suit for dissolution of a marriage in which the court has rendered a judgment dividing the estate of the parties, on request by a party, the court shall state in writing its findings of fact and conclusions of law concerning:
(1) the characterization of each party's assets, liabilities, claims, and offsets on which disputed evidence has been presented; and
(2) the value or amount of the community estate's assets, liabilities, claims, and offsets on which disputed evidence has been presented.
(1) the characterization of each party's assets, liabilities, claims, and offsets on which disputed evidence has been presented; and
(2) the value or amount of the community estate's assets, liabilities, claims, and offsets on which disputed evidence has been presented.
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.
