How Long After Divorce Can You Remarry in Florida?

Divorce is a significant life event that can present emotional challenges, but for many individuals, it marks the beginning of a new chapter, including the possibility of remarriage. Florida does not have a mandatory waiting period for remarriage after a divorce is finalized. However, specific legal and practical considerations may affect when one can remarry. 

Speak to your divorce lawyer to understand your rights as well as the legal aspects of remarriage in Florida.  

Is There a Waiting Period to Remarry After a Florida Divorce?

Unlike some states that impose a mandatory waiting period before remarriage, Florida law does not require divorced individuals to wait before marrying again. Once a judge signs the final judgment of dissolution of marriage, your divorce is legally complete, and you are free to remarry immediately.

Key Considerations

• Finalization of Divorce: You must wait until your divorce decree is officially signed and entered into the court records. If any disputes remain unresolved, the divorce is not considered final.
• Marriage License Requirements: Florida law requires a waiting period for some residents to obtain a marriage license, which can affect how soon they can legally remarry.

Florida's Marriage License Waiting Period and Requirements

If you plan to remarry in Florida, you must comply with the state's marriage license laws. Florida imposes a three-day waiting period for residents who do not complete a state-approved premarital preparation course. However, there is no waiting period for non-Florida residents.

Marriage License Requirements in Florida

• Both parties must provide valid identification (e.g., driver's license, passport).
• If either party was previously married, they must disclose the divorce date.
• If the divorce was finalized within 30 days, you may be required to provide a copy of the divorce decree.
• Florida residents who do not complete a premarital counseling course must wait three days before the marriage license becomes valid.

Thus, while there is no legal waiting period to remarry after divorce, Florida law may require a brief delay in obtaining a marriage license.

Potential Legal Implications to Consider When Remarrying After Divorce

While you are legally free to remarry as soon as your divorce is finalized, specific legal issues can arise if matters related to your prior marriage remain unresolved.

Alimony Modifications

• If you are receiving alimony, remarrying can significantly impact your alimony payments from the former spouse.
• Under Florida Statute § 61.08, most forms of alimony (except lump sum or rehabilitative alimony in some cases) terminate upon remarriage of the receiving spouse.
• If you are paying alimony, remarriage does not automatically affect your alimony agreement unless your financial situation changes substantially.

Child Custody and Support Considerations

• Remarriage does not directly affect child custody agreements. However, if your new spouse significantly impacts the child’s living arrangements, your ex-spouse may petition the court for modifications.
• Child support payments remain unchanged by remarriage unless the paying spouse petitions the court based on substantial financial changes.

Property and Financial Obligations

• If there were unresolved property distribution issues in your divorce, remarriage might complicate asset division.
• Prenuptial agreements for your new marriage may be advisable to protect your financial interests.

Can a Pending Appeal or Motion Affect Remarriage?

If your divorce is being appealed or a motion for reconsideration has been filed, you should consult a Florida divorce attorney before remarrying. While an appeal does not automatically invalidate a final divorce decree related to the previous marriage, complications could arise, especially in high-asset divorces or cases involving ongoing financial disputes.

Timeline for Finalizing a Divorce Decree in Florida

• Uncontested Divorce: If both spouses agree on all terms (property division, alimony, child custody, etc.), the divorce settlement can be completed in as little as four to six weeks after filing.
• Contested Divorce: If spouses disagree on key issues, litigation may be necessary, extending the divorce process to several months or even years, depending on the complexity of the case.
• Mandatory Waiting Period: Florida has no mandatory waiting period after divorce finalization before remarriage is allowed. Once the judge signs the final judgment and it is entered into court records, the divorce is legally complete.

Difference Between Civil and Religious Remarriage Timelines

• Civil Remarriage: Florida law permits individuals to remarry immediately after the final divorce decree is issued, provided they obtain a valid marriage license.
• Religious Remarriage: Some religious institutions impose waiting periods or additional requirements before allowing remarriage. This may include annulment processes or obtaining permission from religious authorities.

How Our Florida Family Law Attorneys Will Assist You With the Process of Remarriage 

Remarrying after a divorce is an exciting milestone, but it also comes with legal considerations that must be addressed. At Veliz Katz Law, our experienced Florida family law attorneys will guide you through every step to ensure a smooth transition into your new marriage. 

We provide comprehensive support for your needs, whether it is obtaining the necessary legal documentation, addressing financial concerns, or protecting your assets.

Ensure Your Divorce Decree is Finalized

Before entering a new marriage, it is crucial to confirm that your previous divorce has been fully processed and finalized. Our attorneys will:

• Verify Divorce Finalization: Ensure your divorce judgment has been signed by a judge and officially recorded.
• Obtain Certified Copies of the Divorce Decree: These may be required when applying for a marriage license in Florida or when dealing with financial institutions.
• Address Any Outstanding Divorce-Related Issues: If there are unresolved matters, such as child support modifications or alimony adjustments, we will help you resolve them before remarriage.

Assist with Marriage License Applications

In Florida, obtaining a marriage license is a straightforward but essential step. Our legal team will:

• Review Marriage License Requirements: We ensure you meet Florida’s legal requirements, such as age and identification documentation.
• Explain the Waiting Period: Florida requires a three-day waiting period unless both parties complete a premarital preparation course.
• Provide Guidance for Out-of-State or International Marriages: If you are considering remarrying outside Florida, we will clarify any jurisdictional issues and ensure your marriage is legally recognized.

Protect Your Financial and Legal Interests 

Draft a Prenuptial Agreement

A prenuptial agreement is a valuable tool that protects both spouses and prevents financial disputes in case of separation or divorce. Our attorneys will:

• Customize Prenups to Your Needs: We tailor agreements to your unique financial situation, ensuring they align with Florida’s marital property laws.
• Protect Business and Personal Assets: We will safeguard your business, real estate, or other high-value assets.
• Address Debts and Financial Responsibilities: Clarify how pre-existing debts will be handled in the new marriage.
• Ensure Validity and Enforceability: We will draft a legally sound prenuptial agreement that can withstand legal scrutiny if ever challenged.

Modify Existing Alimony or Child Support Orders

If you are receiving or paying alimony or child support from a previous marriage, remarriage may impact your financial obligations. Our attorneys can:

• Assess Whether Alimony Can Be Terminated or Reduced: Under Florida law, certain types of alimony (e.g., bridge-the-gap or rehabilitative) may be modified or terminated upon remarriage.
• Ensure Child Support Orders Remain Fair and Compliant: While child support is generally unaffected by remarriage, we will ensure any necessary modifications are correctly handled.
• Advocate for Equitable Adjustments: If your financial situation changes significantly due to remarriage, we will petition the court for necessary modifications.

Estate Planning and Inheritance Considerations

Update Wills, Trusts, and Beneficiaries

After remarriage, updating your estate plan is essential to ensure your new spouse and family are adequately provided for. Our attorneys will:

• Revise Your Will or Trust: Ensure your estate planning documents reflect your new marital status and intentions.
• Update Beneficiary Designations: Review and modify beneficiaries on life insurance policies, retirement accounts, and financial accounts.
• Establish Trusts for Children from a Previous Marriage: If you have children from a prior relationship, we will ensure their inheritance rights are protected.
• Ensure Compliance with Florida Probate Laws: We will structure your estate to minimize future legal disputes and maximize financial security for your loved ones.

Legal Support for Blended Families

Assist with Step-Parent Adoption and Parental Rights

If your remarriage involves stepchildren, you may pursue legal adoption to establish parental rights. Our attorneys can:

• Guide You Through the Step-Parent Adoption Process: We handle all legal aspects, including filing petitions and obtaining necessary consents.
• Secure Legal Guardianship Rights: If adoption is not an option, we can help you obtain legal guardianship.
• Ensure Custody and Visitation Rights are Protected: We will work to create a legal framework that supports the best interests of the children involved.

Resolve Co-Parenting and Custody Issues

Remarriage can sometimes create co-parenting challenges with an ex-spouse. Our legal team will:

• Negotiate Custody and Visitation Disputes: Help facilitate communication and negotiation between co-parents.
• Ensure Parenting Plans Remain Effective: Modify parenting agreements if necessary to reflect changes in living situations.
• Advocate for Stability and Continuity for Children: We prioritize the child’s well-being in any custody-related legal proceedings.

Legal Help is Here from Trusted Florida Family Law Attorneys

At Veliz Katz Law, we understand that remarriage requires careful legal planning. Our experienced Florida family law and divorce lawyer can provide you with legal strategies personalized to your unique circumstances. To schedule your free consultation, call us at 407-634-1835 or contact us online.