How Soon Can You Remarry After a Divorce in Arizona?
By Heather Baker-Mushkatel on June 19, 2020
For some people, divorce is a freeing experience, enabling them to move on to a new chapter in their lives with a new partner. In Arizona, there is no waiting period for remarriage after divorce, so technically you can remarry as soon as your divorce is finalized. However, having another romantic relationship during the divorce process can complicate matters in certain cases. So it is important to always speak to an Arizona divorce attorney who can help you through the process.
How Long Does Getting a Divorce Take in Arizona?
Arizona has a waiting period of 60 days for all divorces. The 60-day waiting period starts when you file your divorce petition with the court. Most cases take longer than this minimum waiting period, though.
Even uncontested divorces, which refers to when both parties agree to all terms, typically take between 90 and 120 days. When the couple cannot agree to the terms, it can take much longer. Divorces that involve children often take six months or more due to the fact that there are more issues involved in these cases, including child support and child custody.
Until the divorce is finalized, you are still considered legally married. Due to this, you cannot remarry until the divorce is final.
Can You Date While Getting a Divorce?
Arizona does not have a law that governs dating during divorce. Still, dating can complicate divorce in a number of ways. If children are involved in your divorce, dating can make it more difficult to secure child custody. A judge will consider who you are dating and any history they have of addiction, abuse, or other issues. A judge will also consider how much time the romantic partner would spend with the child, and any impact the person may have on your child.
If you could have received child support after a divorce but begin dating someone before the divorce is finalized, it can also affect a judge’s decision on that support. Moving in with someone can lead to a child support order that is lower than what you could have received, or perhaps no child support order at all because it will increase your household income.
Just as dating during divorce can affect any child support you may receive, it will also affect any spousal maintenance you may receive. If you live with someone else while you are going through divorce, it will increase your household income, which could decrease or eliminate any spousal support you receive.
Lastly, dating someone during divorce is likely to make the entire process more contentious. Seeing that a spouse is dating someone before the marriage has even been officially dissolved can lead to feelings of resentment for the other spouse. This can make it much more difficult to come to an agreement on terms such as property division and child custody. The more contentious a divorce is, the longer it will take to come to an agreement or receive a judgment. The longer a divorce takes, the more costly it is, as attorneys’ fees and court costs accumulate when a divorce is not settled quickly.
Can You Remarry Your Ex-Spouse?
In Arizona, you can legally marry anyone you wish after your divorce is finalized. This includes your ex-spouse. It is said that approximately 15 percent of people will remarry their ex-spouse after divorce. One spouse may have had an issue such as substance abuse that made the marriage very difficult. In the event that a spouse receives treatment and no longer has that issue, the couple may wish to remarry. In other instances, the couple may just find that post-divorce life is not as good as they thought it would be, so they decide to remarry.
If you want to remarry your ex-spouse after divorce, there are a few key considerations to think about first. The first is to ensure that your original divorce was finalized. If it was not, then you may not even have to remarry. You may be able to simply start living together again as a married couple.
If your divorce was finalized and you do want to remarry your ex-spouse, it is important to consider attending premarital counseling. While the circumstances may have changed, counseling can help ensure you and your ex-spouse have the proper tools to make the marriage work the second time around. A neutral and objective third-party counselor can provide tips and work with you and your ex-spouse to find strategies that may work when disputes arise, as well as discuss how to move forward in your new life.
It is also recommended that if you want to remarry your ex-spouse, that you wait at least one year before tying the knot again. As you would have already learned, divorce is expensive, and it is likely not a process that you want to go through again. Giving the relationship one year will allow it to move beyond any honeymoon phase and ensure that you are ready to, and that you want to, become married to your ex-spouse once again.
Talk to an Arizona Divorce Attorney Now
If you are considering divorce, or the process has already begun, you likely have a lot of questions, especially if you are already thinking about a new relationship. At Mushkatel, Robbins & Becker, PLLC, our Phoenix divorce lawyers have the answers you need. We can help you navigate this complex process and make the right choices as you begin the next chapter of your life.
Call us today or contact us online to schedule a free consultation with one of our knowledgeable divorce attorneys and to learn more about how we can help you.
Heather Baker-Mushkatel is an Arizona native who focuses in the area of family at Mushkatel, Robbins & Becker, PLLC. Heather also has substantial experience in criminal defense law, including a background as a public defender in Maricopa County. Heather earned her undergraduate degree from the University of Wisconsin-Madison and obtained her Juris Doctorate from Brooklyn Law School. She is a highly active member of state and local bar associations who has served on several panels to educate young lawyers and law students.