Can You Remarry Right After You Get Divorced?

 Posted on March 06, 2025 in Family Law

Not so long ago, many states had restrictions on remarriage following a divorce. In some states, a divorced person was required to wait up to a year before he or she could remarry. Today, nine states, plus D.C., have laws that limit the right to marry after divorce. In Nebraska, you must wait six months to remarry unless your ex dies during that time.

Wisconsin also has a six-month waiting period; if you marry during those six months, your marriage is "voidable," which means it could be contested and only becomes valid when the six months are up. In Rhode Island, a remarriage within three months of a divorce is void, and in Alabama, a remarriage is void if it takes place within 60 days after the divorce – but valid if it legally occurs in another state (If you want to remarry the spouse you just divorced in Alabama, there is no waiting period).

In D.C., there is a 30-day waiting period following a divorce, and the same is true in Texas and Kansas. In the state of Illinois, you can legally remarry as soon as the ink is dry on your divorce decree. Since you can remarry immediately, the better question might be, should you remarry immediately? If you have questions regarding your divorce or a potential remarriage, a Wheaton, IL family law attorney can help.

Do the Circumstances Surrounding the Divorce Matter for Remarriage?

South Dakota is unique in that while there is no waiting period for remarriage following a no-fault divorce if the divorce was filed on the grounds of adultery, the adulterous spouse cannot marry anyone except his or her former spouse, ever, so long as the former spouse is living, unless he or she remarries in another state.

Some remarriages across the nation occur quickly because the new spouse was the reason for the divorce. If an affair is not the reason for the remarriage (or the divorce), most experts would advise those who are newly divorced to take things slow rather than jumping immediately into a new marriage.

Are Second or Subsequent Marriages Statistically Likely to Be Successful?

About 40 percent of all first marriages will end in divorce, and between 75 and 80 percent of those who divorce will remarry. However, the 40 percent divorce rate for first marriages goes up significantly to 60-70 percent of remarriages ending in divorce. This is a fairly dismal statistic for those who hope to remarry after a divorce.

Why are second and subsequent marriages so much more likely to end in divorce? While every marriage – and remarriage – is unique, there are some universal reasons why second, third, and fourth marriages are so much more likely to end in divorce than first marriages. These reasons include:

• In most first marriages, the couple forms a bond before children are part of the equation. This bond can help couples stay together once they have a family.
• In remarriages, one or both spouses are likely to have children. The parent-child bond supersedes and competes with the couple’s relationship in this scenario.
• Money issues are more likely to occur in second and subsequent marriages since both parties are usually older, more "protective" of the money they make, and more likely to have definite ideas on how money is spent.

While virtually any marriage can benefit from a prenuptial or postnuptial agreement, a second or subsequent marriage is even more likely to benefit from such an agreement. When both parties go into the marriage knowing exactly how money will be spent – or saved – disagreements about money are less likely.

Blending families with children is possibly even more difficult than figuring out how marital money will be spent. If both spouses have children, then there is an even greater potential for child-related issues, especially if the children do not get along.

Which Spouse Is More Likely to Remarry?

Men are much more likely to remarry than women, largely because they struggle with loneliness and the disruptions to their routine after a divorce. Men tend to seek a new spouse to provide stability and companionship, especially if the man in question was accustomed to his former spouse handling the bulk of the household tasks. There may be a desire to re-establish a sense of normalcy quickly – even if it means rushing headlong into another marriage.

Men tend to remarry within one to three years following a divorce, although older men with a stable financial history may remarry even faster. Women, in general, tend to wait about five years after divorce to remarry, although this could partially be because women more often have children in the home than men. Women are also more likely to have female friends than men are to have male friends. This could contribute to the loneliness experienced by men, which pushes them to remarry quickly.

Should You Remarry Quickly Following Your Divorce?

There is a general consensus among marriage experts that most people who divorce should wait at least two to three years before considering remarriage. Rushing into marriage after divorce, especially if it is done impulsively, generally spells disaster for the new marriage. Following divorce, spouses should take the necessary time to heal, making sure they are past the anger, resentment, grief, and sadness that are normal after divorce.

Children also need time to recover from the loss and pain of divorce. They have been thrust into an entirely new reality that includes two homes, perhaps changes to seeing other loved family members, and parents who may or may not show respect for one another. Remarriage, for children, means accepting the fact that their parents will never get back together. While the parents may not have ever considered this a possibility, most children do.

Those who divorce should take the time to really finish their past relationship and let go of it entirely before remarrying. Particularly for those who married young, the months or years following a divorce can benefit significantly from each spouse getting to know themselves as adults, perhaps for the first time. Take stock of the situation and ask what it is that would truly bring happiness to a life that may have largely been lived according to the other spouse's wants and needs.

Contact a DuPage County, IL Divorce Lawyer

Whether you are considering divorce or contemplating remarriage soon after your divorce, it can be extremely beneficial to speak to a Wheaton, IL divorce attorney from The Stogsdill Law Firm, P.C.. Our firm is one of the most prestigious in the area as a large law firm with serious experience and extensive resources that benefit our clients. Call 630-462-9500 today to schedule an initial meeting with one of our highly experienced family law attorneys.