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Brandon M.
Brandon M., Family Law Attorney
Category: Family Law
Satisfied Customers: 12467
Experience:  Attorney experienced in all aspects of family law
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My daughters fiance was married to another 2 years ago and

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My daughter's fiance was married to another 2 years ago and started divorce preceedings but never turned them in, but did finish the little girl they had together ,the child support papers. Now my daughter is pregnant and wants to get the paperwork done as she is due in February , and the previous wife since has just had another baby by another man. MY QUESTION IS, CAN THE 30 DAY WAITING PERIOD BE WAIVED IF WE CAN GET THE PAPERS TURNED IN AS THIS IS FOR I BELIEVE FOR THE COUPLE TO RECONSIDER BUT AS YOU SEE THAT IS NOT THE CASE AS BOTH HAVE MOVED ON TO OTHER PEOPLE.

Brandon M. :

Hello there.

Customer:

hi

Brandon M. :

Hi, thank you for your question.

Brandon M. :

The question is whether the 30 day wait period for remarriage can be waived by the parties divorcing in Texas. The answer is "sort of"... please allow me to explain:

Brandon M. :

Because the nuances of every case are different, this information should not be construed as complete or advice without consulting in-person with counsel, but that said, what happens with the 30 day wait period is that it gives both spouses the opportunity to appeal the divorce. If either spouse remarries during the 30 day wait period, the marriage is not automatically void, but it is "voidable"--if the other spouse wishes to challenge the divorce and/or remarriage, it could potentially void the new marriage. If the other spouse does not challenge it, then it is valid. So as long as the other spouse does not interfere, it is possible to enter into a valid remarriage within the 30 day wait period.

Brandon M. :

Does that make sense?

Customer:

yes,but how do you get the justice to waive it or where can you go where they don't enforce it

Brandon M. :

I apologize, but I am not clear on the second part of the question. You wrote "or where can you go where they don't enforce it". Could you rephrase that question? I do apologize.

Customer:

40 years ago i was married for less than 1 year abandoned and i never got a divorce for 6 years...got a waiver signed by ex...then got paperwork and next day went to galveston and got married ...they had 30 day wait but did not insist but judges don't advertise no wait not necessary

Brandon M. :

Thank you for that clarification. It is possible for the court to order a waiver, but it may only be granted for good cause. I would direct your attention to Texas family code section 6.802: http://law.onecle.com/texas/family/6.802.00.html

Brandon M. :

The text of that section reads as follows:

§ 6.802. WAIVER OF PROHIBITION AGAINST REMARRIAGE. 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.

Brandon M. :

I'm not sure what the situation was with your divorce. Also, it is possible that the law has changed since your divorce approximately 33 years ago. Under the current law, "good cause" is required--it is not an automatic right.

Customer:

so ..if they get the papers they will just have to hit and miss and go in front of a judge and they see she is about to have a baby and perhaps he would waive the 30 days...right

Brandon M. :

If neither spouse objects to a waiver, if the motivation for the waiver is to remarry so the spouse's child can be born in wedlock, that would normally be sufficient.

Customer:

there was no children in my 1st marriage ...he just preferred someone else so there was no decision as to he wanting me back after 6 years

Customer:

thank you...its always bothered me if my marriage was legal since we didn't wait 30 days...but i am legal ...right

Brandon M. :

Failing to wait 30 days does not void a marriage. There must be an additional step by the other spouse--it must be challenged.

Brandon M. :

30+ years later, the opportunity would be long gone.

Customer:

had to wait 8 years to have my son and another 9 years for my daughter by my long time hubby of 40 years....and hoped they weren't illigitamate...hate that word...as nowadays don't mean much with todays society...wished my daughter would of waited she is 22 ...my son 31..he waited a year before kids came along at wife's insistance

Customer:

well guess you don't know of a judge near livingston or beaumont texas

Brandon M. :

A personal relationship with a judge would actually not help in a family law case--the judges have to take their cases and handle all their communications through the normal court procedures. Also, judges do not get to choose their cases and the parties do not get to choose their judge--the case is assigned by the court clerk.

Customer:

so if the court clerk looks at paper and sees it's not been 30 days she rejects your wedding plans before you see a justice....i think thats what happened to me ...we went to liberty 1st ..denied us then went to galveston next day and lady and justice were nice

Brandon M. :

I'm sorry... when you asked if I knew a judge near livingston or beaumont Texas, I thought that you were asking about getting an order waiving the 30 day requirement. Were you asking about locating a judge to officiate the wedding ceremony?

Customer:

well i guess i have bothered you enough...thanks for the input....no the 1st was right...waiving 30 days...thanks again ...goodnight

Brandon M. :

My pleasure, and if you are so inclined, please feel free to leave a positive rating. Thanks, XXXXX XXXXX of luck.

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