Two small provisions of Chapter 6 come up in almost every case at the very end: restoring a former name, and the short waiting period before either former spouse may marry someone new.
Restoring a Former Name
Section 6.706 allows the court, in a decree of divorce or annulment, to change the name of a party who specifically requests it. The request should be made in the pleadings, and it is granted as a matter of course in ordinary cases. Doing it inside the divorce is far simpler and cheaper than a separate name change proceeding later under Chapter 45.
Section 6.706 also provides that the court may not deny a change of name solely to keep the last name of family members the same, that the change does not release a person from liability incurred under a previous name or defeat a right held under it, and that you may obtain a change of name certificate from the clerk under § 45.106. It does not change a child’s name. If you are unsure whether you want to change your name, ask for the change anyway — you are never required to use it, but adding it later means filing a new case.
Updating Your Name Everywhere
The certified decree is the document that proves the change. The usual order of operations is Social Security first, then the Texas driver’s license or state ID, then passport, then banks, employer and payroll, retirement plans, insurance, deeds and titles, and finally voter registration and professional licenses. Order a few certified copies of the decree at the courthouse while you are there; you will need them.
The 30-Day Remarriage Rule
Section 6.801 provides that neither party to a divorce may marry a third party before the 31st day after the date the divorce is decreed. The restriction does not apply to the former spouses remarrying each other — they may do so at any time.
Waiving the Waiting Period
Under § 6.802, for good cause shown the court may waive the prohibition as to both parties or one of them. The request is made to the court that granted the divorce, and it is worth handling before the decree is signed if a wedding is already scheduled.
Do Not Confuse the Two Waiting Periods
The 30-day remarriage restriction runs after the decree. The 60-day waiting period under § 6.702 runs before the divorce can be granted. They are unrelated, and a divorce that took a year is still followed by the 30-day rule.
Marrying Too Soon
A marriage entered in violation of § 6.801 is voidable, though Texas law can validate it if the parties continued to live together as spouses after the period expired. Rather than rely on that, get the waiver or wait the month.
Frequently Asked Questions
How do I get my maiden name back in a Texas divorce?
Request the name change in your pleadings. Section 6.706 allows the court to make the change in the decree, which avoids a separate case later.
How long after a Texas divorce can I remarry?
You generally must wait until the 31st day after the divorce is decreed to marry someone new. Remarrying your former spouse is not restricted.
Can the 30-day rule be waived?
Yes. Under Section 6.802 the court may waive the prohibition for good cause as to one or both parties.
Texas Statutes Referenced
- § 6.706 — Change of Name
- § 6.801 — Remarriage
- § 6.802 — Waiver of Prohibition Against Remarriage
- Chapter 45 — Change of Name
- § 6.707 — Decree
Related Pages
Talk With a Texas Divorce Attorney
Ask for the name change in the decree. It is far easier than filing for it later. Call 713-955-6182 or contact The De Leon Law Firm.