Legal Question in Military Law in Texas

divorced in one state, married in another

Im in the army and my divorce is in Texas, I go to court on the 6th of December. Im told that in Texas you have to wait 30 days before you marry again. My question is: Do I still have to wait if Im not a resident of Texas and I plan to get married again in Nevada? Does the 30 day wait still apply to me?


Asked on 10/19/07, 2:18 am

1 Answer from Attorneys
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: divorced in one state, married in another

You can go ahead and get married, but only if you trust your ex spouse not to do something like re-open the case, or file an appeal, or take some other action that causes the decree not to become final.

The remarriage prohibition has nothing to do with residency, and everthing to do with the finality of judgments. A judgment is not final in most courts until 30 days after the decree is rendered and the judgment entered by the court. At any time before the 30 days is up, you or your ex-spouse could petition the court to re-open the case and make some other or additional ruling, or modify the ruling as entered.

In short, then, DO NOT GET REMARRIED UNTIL AFTER 30 DAYS. It is not worth the risk to you of a bigamy charge, and yes, those kinds of things DO happen.

Good luck.

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Answered on 10/19/07, 8:49 am


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