Legal Effects of Remarriage

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What are Some Legal Effects of Remarriage?

A majority of persons who have been divorced end up remarrying after the divorce.  Whether they remarry with the previous partner or with a new partner, remarriage after divorce or legal separation can have various legal effects.  Depending on state laws, remarriage can have effects in the following areas:

Are There Waiting Times for Remarriage?

In some states, yes.  Some states have waiting periods for remarriage, and/or deadlines for appealing a divorce.  In some cases, one spouse can’t get remarried until the ex-partner’s time for appeal has run out.  This may be different depending on whether the divorce was obtained through trial rather than through an out-of-court settlement.

Is a Prenuptial Agreement Appropriate for Remarriage?

Prenuptial agreements can sometimes be helpful in instances of remarriage.  This is especially true if the ex-partners are remarrying one another instead of different partners.  During the divorce or legal separation, the couple’s property may have been re-characterized as separate rather than communal (marital) property.  A prenuptial agreement can help the couple determine how the property is to be re-characterized upon remarriage. 

In some cases, a prenuptial agreement can actually override what the law states regarding property and other issues.  Thus, it’s important for the couple to clearly communicate any issues prior to the (re)marriage.

Do I Need a Lawyer for Advice Regarding the Legal Effects of Remarriage?

Remarriage after a divorce or separation can sometimes be complicated.  If you need assistance or legal advice with remarriage, you may wish to speak with a family lawyer right away.  Your attorney can help advise you of the laws in your area, and can represent you in court during a lawsuit.  The legal effects of remarriage can vary from state to state, but an experienced family law attorney can provide you with valuable guidance. 

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Last Modified: 07-19-2012 01:57 PM PDT

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