Planning to Remarry? Advice from a Divorce Lawyer

Anderson & Boback Family Law
3 min readOct 19, 2021


Planning to Remarry? Advice from a Divorce Lawyer

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.




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