P. A. Davis Law Office, LLC

Waiting to Date and Remarry After Divorce: When Is the Right Time?

The decision to date or remarry after divorce is a personal one that varies from individual to individual. Since each marriage and divorce is unique, there is no general rule about how long one should wait before remarrying. Many individuals need time to rediscover their identity after a divorce, especially if they previously made decisions solely based on their spouse's perspective. It is important to rediscover oneself after a divorce, as this could lead to new opportunities toward a fulfilling life.

When is it Appropriate to Start Dating after a Divorce?

It is generally advisable to wait until the divorce is finalized before starting to date unless a signed agreement is in place in which you both have agreed to condone the other party dating and agree not to make a claim against them for adultery. Absent an agreement, dating before the divorce has been finalized could anger your spouse, leading to a more adversarial divorce that is more expensive. If a party successfully proves that their spouse committed adultery and the court decides it played a role in the breakdown of the marriage, it may affect the amount of the spouse’s alimony or monetary awards he or she may have received.

Is There a Waiting Period Before You Can Remarry?

In Maryland, a divorce is considered final 30 days after the judgment has been entered. This gives time for either party to file an appeal. However, the parties can agree to waive the 30-day appeal period and request that the judge enter the divorce the same day.

What Steps Should You Take Before Remarrying?

It may be worth it to consider entering into a prenuptial agreement with your future spouse. A prenuptial agreement can offer essential protection for you and your assets no matter what your net wealth is. A prenup can help:
  • Secure your right to keep the property you buy during your marriage, titled in your name, separate from your spouse. Without a prenup, your spouse is entitled to your entire estate if you don’t have children. If you do have children, your spouse is entitled to 50% of your estate and your children will receive the other 50%.
  • Safeguard your retirement and other assets as separate from your spouse.
  • Prevent future claims for alimony if you and/or your spouse agree to waive your entitlement to it.
  • Protect your home ownership if your home is titled in your name only and you wish to keep it that way.
  • Simplify the divorce process in case of a marriage breakdown because each spouse knows what to expect since the parties have already agreed whether property will be considered marital or nonmarital.

Seek Advice from a Professional Divorce Lawyer

To understand your rights and entitlements in the event of a divorce or how to protect your property and assets, it is invaluable to consult and retain an experienced divorce attorney. Contact our attorneys to get the divorce representation that you need.


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