Quick Answer
The number of months a woman must wait before remarrying after a divorce varies by state. In most states there is no mandatory waiting period, meaning a woman can remarry immediately after her divorce is finalized. However, some states do impose waiting periods, which can range from 30 days to up to 1 year.
Waiting Periods by State
Here is an overview of divorce waiting periods by state:
| State | Waiting Period |
|---|---|
| Alabama | 60 days |
| Alaska | None |
| Arizona | None |
| Arkansas | 60 days |
| California | None |
| Colorado | 91 days |
| Connecticut | None |
| Delaware | None |
| Florida | None |
| Georgia | None |
| Hawaii | None |
| Idaho | None |
| Illinois | None |
| Indiana | 60 days |
| Iowa | 90 days |
| Kansas | None |
| Kentucky | 60 days |
| Louisiana | None |
| Maine | 60 days |
| Maryland | None |
| Massachusetts | None |
| Michigan | None |
| Minnesota | 6 months |
| Mississippi | 60 days |
| Missouri | None |
| Montana | None |
| Nebraska | None |
| Nevada | None |
| New Hampshire | None |
| New Jersey | None |
| New Mexico | None |
| New York | None |
| North Carolina | 60 days |
| North Dakota | None |
| Ohio | None |
| Oklahoma | 6 months |
| Oregon | None |
| Pennsylvania | None |
| Rhode Island | None |
| South Carolina | None |
| South Dakota | None |
| Tennessee | 60 days |
| Texas | 30 days |
| Utah | None |
| Vermont | None |
| Virginia | 6 months |
| Washington | None |
| West Virginia | None |
| Wisconsin | None |
| Wyoming | None |
As the table shows, the majority of states do not impose a mandatory waiting period before remarriage after a divorce. However, a handful of states require former spouses to wait 30 days to 1 year before tying the knot again.
Purpose of Waiting Periods
States that do require waiting periods before remarriage generally have two main goals:
1. Prevent Bigamy
By mandating a waiting period, states aim to prevent situations where one or both former spouses are still legally married when they attempt to wed new partners. This helps avoid charges of bigamy, which involves being married to more than one person at the same time.
2. Discourage Hasty Marriages
Some policymakers believe that requiring divorced individuals to wait several months before remarrying gives them time to seriously contemplate the decision rather than rushing into another marriage. This may promote more stable and successful long-term relationships.
Getting Around Waiting Periods
In states that do impose waiting periods, there are sometimes exceptions or options to get around the mandated delay:
- Pregnancy exception – Some states waive the waiting period if the woman is pregnant, to legitimate a child.
- Court waiver – Judges may be willing to waive the waiting period if there are extenuating circumstances.
- Marry in another state – Couples can travel to and marry in a state with no waiting period, then have that marriage recognized back home.
Other Factors That Delay Remarriage
Aside from legal waiting periods, there are other factors that can prevent a prompt remarriage after divorce:
- Finalizing divorce proceedings – In contested divorces, finalizing the divorce decree and settlement can take over a year. Remarriage must wait until the divorce is complete.
- Religious annulment – Some religious faiths require an annulment before church members can remarry. This process can take several months.
- Personal readiness – It often takes time for divorced individuals to recover, emotionally and financially, from the separation. Even without legal barriers, personal factors may delay remarriage.
Key Takeaways
- Most states do not require a waiting period before remarriage after a divorce.
- In states with waiting periods, the duration ranges from 30 days to 1 year.
- Waiting periods are intended to prevent bigamy and encourage contemplation before remarriage.
- There are sometimes exceptions or options to get around mandated waiting periods.
- Aside from legal requirements, personal and religious factors often delay remarriages as well.
Conclusion
In summary, the majority of states permit divorced individuals to remarry as soon as their divorce is finalized. But a small number impose 30-day to 1-year waiting periods, with the goals of preventing bigamy and encouraging thoughtful decision-making before entering a new marriage. There are exceptions in some cases, but even without legal barriers, personal factors like unfinished divorce proceedings or religious requirements often slow down the path to remarriage after a divorce.
