July 2021 - Planning to Remarry? Consider These Issues First

If you’re preparing to walk down the aisle for the second time, you’re not alone. Statistics show around 70% of divorced people remarry. In fact, about 29% of U.S. marriages involve at least one previously married spouse.

There are a few things you should consider before remarrying to make sure your new relationship gets off on the right foot.

Waiting Period—Some states impose a waiting period before allowing a person to remarry after divorce. New Jerseyans would be happy to know that this State does not. Divorced people in New Jersey are subject to the same waiting time as anyone else applying for a marriage license in the State—72 hours.

Valid Paperwork—Before applying for that license, though, make sure your divorce is official. You can request a copy of your divorce decree (a.k.a. divorce certificate) from NJ’s Office of Vital Statistics; also check with your local records office to make sure your paperwork is in order. If you obtained your divorce in another country, it may or may not be valid in the U.S. due to differences in rules and requirements between countries.

Prenups—Prenuptial agreements can be a good idea for previously married couples especially if there are children from earlier relationships. Prenups are also helpful if you or your future spouse want to protect personal assets (businesses, inheritances, investments, properties), or simply avoid confusion surrounding financial responsibilities.

Estate Planning—You may want to update any documents relating to estate plans (i.e., powers of attorney, wills, insurance policies, investment plans) that name your former spouse as a beneficiary or emergency contact. It’s good practice to update these documents after all major life events.

Impact on Divorce Agreement—Remarriage can impact your divorce agreement particularly if alimony is involved. In New Jersey, depending on the type of alimony awarded, the paying spouse’s obligations are terminated under State law as of the date the receiving spouse legally remarries or enters into a new civil union.

If you have questions concerning the legitimacy of your remarriage, consult a qualified Family Law attorney before saying “I do.”