Anderson & Boback Logo
Plan to Remarry advice from divorce lawyer

Planning to Remarry? Advice from a Divorce Lawyer

Published
Categorized as Divorce

When going through a divorce it’s not uncommon to think “I never want to get married again!” But later, you may fall in love again and be ready to venture into marriage again. If you are planning to remarry, you may want to seek the advice of an experienced divorce attorney to discuss timing, any necessary documentation, and any other questions you may have about building your next marriage on a solid foundation.

Common Questions Asked When Planning to Remarry

With the hope and excitement that comes from a new marriage – especially after a painful divorce – it is important to be prepared for the worst but anticipate the best. Here are some answers to common questions we hear from potential clients that are seeking to remarry:

1. How long after a divorce should you wait to remarry?

Most states no longer have a waiting period before you can get married after a divorce. In Illinois, there is no waiting period. Essentially, you may get re-married the moment your divorce is finalized and you have obtained a signed and entered Judgement for Dissolution of Marriage. Unlike Alabama, where you must wait for 60-days to remarry a third party, but imposes no waiting period if you seek to re-marry your former spouse.

2. Should you have a prenuptial agreement if you are getting remarried?

Although prenuptial agreements are not necessary in order to get married, once you have gone through a divorce once you may want to consider having an agreement in place to avoid further litigation in the future. Although it isn’t the most romantic conversation to have before getting re-married, living and learning from previous life events might make this document that much more appealing. Although you cannot include language in a prenuptial agreement that designated child support or child-related issues, it can delineate what happens regarding spousal maintenance and marital versus non-marital property. In the unfortunate event of a divorce, having these items already decided for alleviates stress and a lot of the financial burden of a divorce. If you are re-marrying, you may be farther along in life and therefore may have more assets worth protecting for yourself or children from a previous marriage. There is likely more “on the table” and preparing ahead can only be helpful in the future.

3. Are second marriages more successful?

When it comes to the success of second marriages, speculating the outcome it really does depend on the couple and what they are bringing into the marriage. According to a Huffington Post article by Brittany Wong, second marriages are more likely to end in divorce for the following reasons:

  • The financial stress is usually higher than in first marriages;
  • They typically forgo pre-marital counseling;
  • Second marriages are typically easier to leave;
  • Ideals about marriage and family are challenged;
  • People come into the marriage with baggage; and
  • Merging two families is incredibly difficult.

What we typically see is point number 3- that they are easier to leave. Once someone goes through the divorce process and has survived it, they already know the steps and what typically happens so it isn’t as intimidating and they don’t need to take as long to process what is going on. Those clients will dissociate with the emotions of it all and get straight to the business side of it all, leaving the other party typically in their own wake of emotions.

In the end, everyone’s situation is unique and obtaining a prenuptial agreement before a second marriage may be what is right for you. Nonetheless, having an experienced divorce attorney to help guide you through the pros and cons is essential to lead you to the result you want when planning to remarry.

Was this information helpful?

You May Also Like

This is a review of the Illinois family law case of In re Marriage of Portillo for an order of protection and supervised visitation. The opinion was filed on September 23, 2021. Case Background Julie Portillo filed a petition for…

One of the costliest parts of divorce litigation is discovery. Written Discovery is the request for you to answer questions in detail about your income, assets, standard of living, etc. These request will ask you to produce a detailed list…

The question “How can I modify my child support” is one of the most frequently asked questions in family law. Child support is often a hotly contested issue, as many parents feel like they are paying too much, or their…

The latest child relocation case -  comes out of Lake County, Illinois, and it denied Nuriana Levites the right to relocate her daughter to California.  In re Marriage of Dmitry Levites v. Nuriana Levites It seemed clear from the evidence…

Second Parent Adoptions are typically done when a spouse has a child from a previous relationship and the circumstances allow that child to be adopted by the other spouse.  As an example:  Wife and Husband get married and Wife has…

If you’re convinced that your marriage is irretrievably broken and divorce is coming, there are things you can do now to prepare and protect yourself in the divorce process. Here are 10 steps to take if you believe your spouse…

RECENT POST
Categories
Archives
Anderson & Boback small logo

Download our Divorce Planning Guide today!

Get the information you need to prepare for divorce with our free resource Guide to Planning for Your Divorce.

What our clients are saying

Schedule a Discreet Consultation Today!

    Firm Overview
    ANDERSON & BOBACK

    Anderson & Boback is a highly-respected, experienced Chicago family law firm, skilled in negotiation and litigation. When divorce and other family law issues make your life chaotic and uncertain, you want your case resolved as quickly and fairly as possible. Call Now 312-715-0870