Remarriage After Divorce: When You Can Marry Again
Remarriage after divorce means marrying again once your prior marriage has legally ended. The Social Security Administration states that a remarriage before the earlier divorce is final is void in all states, wherever it took place.
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When a divorce is final
Finality depends on the state. According to the agency's operating manual, a judgment may restore single status immediately, or the divorce may not be final until a waiting period ends or further action is taken. Some states may also bar remarriage for a set period even after the divorce is final.
Massachusetts is one example. Mass.gov says you cannot remarry until the waiting period after the divorce judgment ends.
What the clerk may ask for
When you apply for a license, the clerk will ask about earlier marriages. New York's application requires details of any previous marriage, including whether and when you were divorced, where and from whom. The clerk may also require a certified decree of divorce or certificate of dissolution of marriage.
Keep a certified copy of your divorce paperwork before you apply. Requirements vary, so ask the clerk in the county where you will apply.
Frequently asked questions
Can I remarry the day my judgment is signed?
It depends on the state. Some states have waiting periods after judgment, so check the court's final date and local rules.
What happens if I remarry before the divorce is final?
The Social Security Administration says such a remarriage is void in all states.
What proof of divorce will I need?
Often a certified decree or certificate of dissolution. New York says the clerk may require one.
Sources
US Records is a private company and is not a government agency. Government agencies issue certified records; we help you order them.
Written By
US Records TeamThe US Records Team writes and reviews guides on birth, death, marriage and divorce certificates, using state statutes, agency instructions and court records as sources.
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