How Long After My Divorce Can I Get Remarried?

Few questions come up more often at the end of a divorce than this one: how long after my divorce can I remarry in Alabama? The short answer is 60 days. Alabama law prohibits either spouse from marrying a new partner until 60 days have passed after the divorce decree is entered, with one exception — you can remarry your ex-spouse at any time. That’s the rule. But the practical picture around it — the 30-day cooling-off period before your decree is even signed, the appeal window, what dating during the divorce can do to your case, and what remarriage does to alimony — is where people actually get tripped up. Here’s the full timeline, start to finish.

The 60-Day Remarriage Waiting Period in Alabama

Under Alabama Code §30-2-10, neither party to a divorce may marry someone else until 60 days after the judgment of divorce is entered. The rule applies across the board: it doesn’t matter what grounds the divorce was granted on, how long you were married, or whether the case was contested or uncontested. Sixty days is sixty days.

If you marry a new partner inside that window, the marriage may not be recognized as valid in Alabama. That’s not a technicality. An invalid marriage creates real problems — questions about spousal benefits, insurance coverage, inheritance rights, and whether alimony from the prior divorce actually terminated. Fixing it usually means remarrying after the window closes, which is an awkward conversation nobody wants to have.

The one exception: the 60-day bar does not apply if you’re remarrying the same person you just divorced. Alabama has never wanted to put a legal barrier between reconciling spouses. Outside that narrow carve-out, the waiting period is mandatory, and no judge can waive it.

One more wrinkle worth knowing about. The same statute also restricts remarriage while an appeal of the divorce is pending. In a contested case, the losing party generally has 42 days to file an appeal, and remarrying while that clock is running is risky even after day 60 has passed. For most uncontested divorces this is a non-issue — nobody appeals a judgment they agreed to — but if your divorce was litigated, ask your attorney before setting a wedding date.

Don’t Forget: The 60 Days Starts After a 30-Day Wait

People often mentally start the 60-day clock from the day they file for divorce. That’s wrong, and the error compounds. Alabama Code §30-2-8.1 imposes a mandatory 30-day “cooling off” period after the complaint is filed before a judge may enter the final decree. So even in the fastest possible case, the realistic timeline looks like this:

• Day 0: Complaint for Divorce and settlement agreement filed with the court.
• Day 30 at the earliest: The judge may sign the final decree. In practice, many judges sign within days after the 30-day mark in uncontested cases, though some counties run slower.
• Decree date + 60 days: You are free to marry a new partner.

Put together, the minimum realistic time from filing an uncontested divorce to legally remarrying is roughly 90 days — and that assumes clean paperwork and a prompt judge. A contested divorce with discovery, hearings, and a trial can push that timeline out a year or more before the 60-day remarriage clock ever starts.

Does the Waiting Period Apply If I Was Divorced in Another State?

Divorce law is state-specific, and remarriage waiting periods vary widely. Some states have no waiting period at all; others impose different restrictions. If you were divorced in another state and now live in Alabama — or divorced here and plan to marry elsewhere — the interaction between the two states’ rules matters. Generally, the law of the state that granted the divorce governs when you’re free to remarry, but marriage license offices don’t always see it the same way, and a certified copy of your decree will be requested either way. This is one of many spots where a quick conversation with a local Alabama family law attorney saves you from applying the wrong state’s rule to your situation.

Can I Date During My Divorce in Alabama?

Nothing in Alabama law prohibits dating while your divorce is pending. But “legal” and “consequence-free” are two different things, and this is where people hurt their own cases.

Alabama judges have broad discretion over property division, alimony, and custody, and Alabama still recognizes fault — including adultery — as a factor. A judge who learns that one spouse was in a new relationship before the marriage legally ended can weigh that in dividing assets or setting spousal support. Whether the relationship began before or after the separation matters, but from the outside those timelines blur easily, and opposing counsel will not give you the benefit of the doubt.

The financial angle is just as concrete. If you move in with a new partner before the divorce is final, the court may conclude your living expenses have dropped — and reduce or deny alimony on that basis. Cohabitation is also a statutory ground for terminating alimony after the divorce, so a new live-in relationship cuts against a support claim at every stage.

How a New Relationship Can Affect Custody

Custody is where timing matters most. The court’s north star in any custody decision is the best interests of the child, and introducing a new romantic partner into a child’s home during an already stressful divorce invites scrutiny. Even a completely appropriate relationship can be framed by opposing counsel as a judgment or stability question. Judges know children need time to adjust, and a parent who rushes a new partner into the household hands the other side an argument.

That doesn’t mean your personal life goes on hold indefinitely. It means decisions about when your children meet a new partner — and especially when that partner moves in — should be made with your attorney before they become evidence in a custody hearing, not after.

The Fastest Path to Remarriage: An Uncontested Divorce

If your goal is to remarry as soon as the law allows, the single most effective move is resolving your divorce by agreement. An uncontested divorce in Alabama is one where both spouses have already agreed on everything — property division, any alimony, and custody and child support if there are children — and sign the settlement paperwork before anything is filed. With no disputed issues, there are no hearings, no discovery, and in most counties no court appearance at all; nearly every county now accepts these filings electronically through AlaFile. The case simply runs the 30-day cooling-off period and goes to the judge for signature.

The Harris Firm LLC handles uncontested divorces on a flat fee across Alabama: $690 plus the county filing fee without minor children of the marriage, or $890 plus the filing fee with minor children. Filing fees vary by county, so the total cost shifts slightly depending on where you file, but either way an uncontested divorce costs a fraction of contested litigation — and gets your 60-day remarriage clock started months or years sooner.

What Remarriage Does to Alimony and Other Obligations

Remarriage doesn’t just start a new chapter — it ends parts of the old one. Periodic alimony in Alabama terminates upon the recipient spouse’s remarriage. Two practical warnings flow from that rule:

If you receive alimony: remarrying ends it. And if you remarry inside the 60-day window and the new marriage’s validity is later questioned, you can end up litigating whether your alimony actually terminated — a mess entirely avoidable by waiting out the clock.

If you pay alimony: when your ex-spouse remarries, do not simply stop paying on your own read of the law. File to modify or terminate the award and get a court order confirming it. Self-help stops without an order are how payors end up defending arrears claims on payments they thought they no longer owed.

Property division, by contrast, is untouched by remarriage. Asset settlements are final at the decree, and retirement divisions carried out through Qualified Domestic Relations Orders are likewise unaffected by either party’s new marriage.

Practical Steps Before You Remarry

• Confirm your decree date. The 60 days runs from the date the judgment was entered — not the filing date, not the hearing date. Count from the entry date on the decree itself.
• Get a certified copy of your divorce decree. The county probate office will typically ask for it when you apply for a marriage license.
• Update your estate planning and beneficiaries. Life insurance, retirement accounts, and payable-on-death designations don’t update themselves, and Alabama divorces don’t automatically strip an ex-spouse from every instrument. This is also the time for updating your will after divorce — and again after the new marriage.
• Resolve alimony questions in writing. If you pay or receive support, have your attorney address how the remarriage affects it before the wedding, not after.
• Check on pending modifications. If custody or support modifications are in progress, understand how a new marriage — and a new household income — may factor in.

Common Questions About Remarrying After an Alabama Divorce

How long do I have to wait to remarry after a divorce in Alabama? Sixty days from the date the divorce decree is entered, under Alabama Code §30-2-10.

Can the 60-day waiting period be waived? No. No judge can shorten it. The only exception is remarrying the same spouse you just divorced.

What happens if I remarry before the 60 days are up? The new marriage may be invalid in Alabama, which can unravel spousal benefits, inheritance rights, and alimony termination. The fix is typically remarrying after the window closes.

Can I get engaged or plan a wedding during the waiting period? Yes. The statute restricts the marriage itself, not engagements or planning. Just don’t hold the ceremony — or sign the license — before day 60.

Does dating during my divorce break any law? No, but it can affect alimony, property division, and custody outcomes while the case is pending, so talk to your attorney first.

Talk to an Alabama Divorce Lawyer About Your Timeline

Whether you’re trying to get your divorce finished so the clock can start, or you’re already divorced and planning your next chapter, the details of your timeline matter. The Alabama divorce lawyers at The Harris Firm LLC handle contested and uncontested divorces statewide, with offices in Birmingham, Chelsea, Huntsville, and Montgomery. If you have questions about the 60-day waiting period, your divorce timeline, or how to move forward efficiently, call The Harris Firm LLC today at (205) 201-1789.

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