When Can You Remarry in Maryland After Divorce?

While many states impose a waiting period of six months to a year after a divorce before allowing remarriage, Maryland does not follow this practice. In Maryland, you have the right to remarry immediately after your divorce is finalized. However, just because you can do something does not necessarily mean it’s the best decision.  

It’s common for ex-couples to be still in the middle of unresolved issues regarding property settlements, not to mention the emotional healing after divorce when children are part of the picture. In this post, our Maryland divorce attorneys at Parker, Pallett, Slezak & Russell, LLC discuss the important steps you should take before you remarry.

Do You Need to Wait Before Remarrying in Maryland?

There is no legally mandated waiting period for remarriage in Maryland. You could have your divorce finalized in the morning and marry someone else by the same afternoon.

By “finalized” we mean that the court must have issued the final divorce decree, officially dissolving your relationship with your current spouse. As soon as this decree is issued, both you and your former spouse are legally allowed to enter into a new marriage. There are no additional legal hurdles or time constraints imposed by Maryland divorce and remarriage laws.

You are considered married, with all its associated legal ties, until the absolute divorce is granted. While your divorce complaint is filed and being processed, you are still married. If you are engaged and planning your new wedding but are not yet divorced from your current spouse, make sure you have enough time to either settle or go to court for your divorce.

Things to Keep in Mind Before Remarrying After Divorce in Maryland

Look at your divorce agreement

Some people who have decided to lead separate lives do not realize that their divorce agreement may have certain stipulations that might be impacted if they remarry. If your divorce is recent, consider any conditions in the divorce contract that might affect your second marriage.

For example, there might be a rule that says that your spousal support might stop or change if you or your ex get married again. If you have joint ownership of some assets (like your house) with your ex-spouse, entering a new marriage might complicate the situation. A court-approved divorce agreement is legally binding and enforceable, so violating any terms may negatively influence your finances.

Update your estate planning documents

If you have a will, trust, or power of attorney, update it before you re-wed. After a divorce and remarriage, you might want to change who inherits your assets. For instance, you may want to include your new spouse or stepchildren. If your ex-spouse was named as a beneficiary or executor in your will, you likely need to make changes to reflect your new marital status. If you’ve set up a trust, you might want to add your new partner or stepchildren as beneficiaries/trustees or modify the terms to suit your changed family structure.

Before you do this, make sure that your divorce agreement does not contain any condition that prevents you from removing your ex-spouse as the beneficiary.

Consider a prenuptial agreement

If your divorce included financial agreements such as indefinite alimony or child custody and support, a prenup in your new marriage can protect these ongoing commitments. With ironclad prenuptial agreements created by your divorce lawyer, your obligations to your former family will not be breached by your new marriage.

This is especially important when you have children with your ex-spouse and you want to make sure that some of your other assets are strictly reserved for them and do not become “marital property”.

Want to Know How Long After Divorce Can You Remarry in Maryland? Contact Us for Legal Guidance

Having gone through a divorce, you are likely well aware of the considerable investment of time, money, and emotional energy it takes. So before rushing into a new legally abiding relationship, take a step back with your partner and think about your previous one. If you are seeking legal advice for remarriage in Maryland, get in touch with our law office at Parker, Pallett, Slezak & Russell, LLC.

We may not be marital counselors, but we do have over 250 years of combined experience in handling divorce cases and issues related to shared assets in Maryland. To learn more about the legal requirements for remarrying in Maryland or to set up a complimentary consultation, you can reach us online or at (410) LAW-YERS.