How Long After Divorce Can You Remarry (And Why)?

Exact Answer: After 90 days

In a conservative society like India, many people think of divorce as one of the scars and avoid it as far as possible due to its conservative nature. It is one of the major decisions of life. Once the divorce is finalized, you will be no more responsible and will have no rights in your partner’s life.

Initially, the divorce petition takes place in the respective court. It is very much necessary to finalize the divorce before proceeding with the second marriage. It is considered a crime and you will be prisoned if you do remarry immediately after applying for a divorce.

How Long After Divorce Can You Remarry?

Divorce could take place in various ways such as through mutual consent or decree of divorce. The decision to approve the divorce always depends on the court, in the case of mutual consent, it takes from six to 18 months to get the final decision. Even though during the mutual agreement to the divorce, it must be proved with a piece of evidence before the court that the couple has been living separately for a year.

Whereas after the decree of divorce, the court would give 90 days to both the parties to appeal, and when there is no appeal request, both the parties will be eligible to remarry after the 90 days. If divorce had taken place via mutual consent, then both the parties are eligible to remarry immediately after the decision of the court as the divorce has taken place only by the agreement of both the parties. In such cases, the period of appeal will not be granted.

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This period varies from each country and also from religion. Most people accept the divorce only when Decree Nisi is issued by the court. You also have to apply for Decree absolute after 43 days of granted Decree Nisi agreement.

Only after receiving the Decree Absolute certificate, your marriage will be considered as over legally and you are eligible to remarry without any issues. A new rule has been issued that, it is even legal to remarry though your divorce case has been pending in the court, but both the parties should be parted away and should not change the decision in the later period.

CountriesDays need to wait for remarrying
U.SOne year
India90 days
AustraliaOne month and one day
Texas30 days

Why I Have To Wait That Long To Remarry After Divorce?

It is important to think twice before applying for divorce as the children could not deal with this easily, it depends on their age. It is also a big and worthy decision to remarry after the divorce which should not be taken immediately. Divorce and remarriage can take place in any situation which could be tricky.

Always make sure to enter the remarriage phase, only when you feel comfortable and confident that both emotional and physical support will be available during the second time. The period between divorce and remarrying will allow you to reconsider the decision properly before finalizing it.

In the case of remarrying, few people undergo the trauma of divorce for long period or there may not be a mutual agreement between both parties. Due to these issues, remarrying can be delayed. Make sure to take care of yourself and also the other person after divorce to lead a healthy life. A golden rule of marriage is to give and take, you should be able to give all the things, which you are expecting in return.

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There is no compulsion to remarry immediately after the divorce. You should consider remarrying only if you receive the love and comfort from the person you are marrying. If you are sure about the thoughts and decision, then proceed further with complete legal rights. It also would be a risky situation, if you consider remarrying without financial compatibility. There may be more ups and downs but dealing with all these issues with confidence would lead to a great married life.

Conclusion

Today most people opt for remarrying after divorce. Never rush for your second marriage immediately after the divorce. Try to handle your financial condition, your children, and also your emotions before proceeding further. Either of the parties, could also appeal the court within 90 days of applying for divorce, in the case of change in the decision.

There will be a few restrictions and formalities for your remarriage, which can be completed by your respective lawyer. All the legal issues should be solved before entering into a new phase. And before proceeding with remarriage, make yourself comfortable and familiar with new situations and hurdles.

References

  1. https://www.jstor.org/stable/352566
  2. https://journals.sagepub.com/doi/abs/10.1177/0907568203010002007
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