If you’ve been divorced and are planning to remarry, you may be wondering whether you need a divorce certificate–and the answer is yes, in most cases. A divorce certificate is official proof that your previous marriage is legally dissolved. When applying for a new marriage license, most U.S. states require you to provide documentation of any prior divorces. This is to ensure that no legal barriers are preventing the new marriage from being recognized.
The primary reason a divorce certificate is required is to prevent bigamy, which is the act of being married to more than one person at the same time. Marriage is a legal contract, and states must verify that any prior agreement has been officially terminated before issuing a new one. Even if you’ve been separated for years, the state needs confirmation that the court finalized the divorce. A certified divorce certificate issued by the court or vital records office serves as this confirmation.
In this blog post, we will explore what a divorce certificate is, whether it’s needed for remarriage, and provide helpful information based on state laws.
Examples of State Requirements for Remarriage
Alabama
Divorce Documentation – You must present a certified copy of your final divorce decree when applying for a marriage license.
Remarriage Waiting Period – enforces a 60-day waiting period after the divorce judgment is entered before you can remarry. You cannot remarry even if the decree is appealed or contested during this period.
Exceptions: You can remarry the same ex-spouse immediately, and in rare cases, a judge can waive the waiting period.
Arizona
Divorce Documentation – a certified final divorce decree is required to prove legal eligibility for marriage.
Remarriage Waiting Period – there is no waiting period—you can remarry immediately after divorce finalization. The divorce process itself includes a 60-day waiting period before the decree, but that’s for ending the marriage, not remarrying.
California
Divorce Documentation – you must present a certified copy of your final divorce decree when applying for a new marriage license. Even though California issues a Certificate of Record, it’s the Superior Court’s decree that validates your divorce. Many counties require the decree only if the divorce is concluded within the past 90 days—otherwise, a verbal declaration sometimes suffices.
Remarriage Waiting Period – There is no post-divorce waiting period before you can remarry once the decree is final.
Note: California’s divorce process itself includes a minimum six-month period from filing to judgment—so you can’t legally remarry before that time has passed. You cannot remarry before the judgment is officially entered (typically six months after filing).
Delaware
Divorce Documentation – the clerk of the peace requires an original or certified copy of your divorce decree or clerk’s certificate when you apply for a marriage license.
Remarriage Waiting Period – there is no statutory waiting period post-decree—once the divorce is final, you’re free to remarry.
District of Columbia (Washington, D.C.)
Divorce Documentation – when applying for a marriage license in D.C., you must provide evidence that your previous marriage is legally dissolved—typically a certified final divorce decree or divorce certificate issued by the court.
Remarriage Waiting Period – 30 days after the divorce decree is filed. This period allows time for appeals or objections. Marrying earlier may result in an invalid marriage.
Florida
Divorce Documentation – usually not—applicants simply enter the date the previous marriage ended. However, if the clerk has questions or discrepancies, a certified divorce decree may be requested to clear things up.
Remarriage Waiting Period – no waiting period—you may remarry immediately once your divorce is final.
Georgia
Divorce Documentation – you’ll need to present your Final Judgment and Decree of Divorce when applying for a marriage license.
Remarriage Waiting Period – allows immediate remarriage after finalization. Note that an uncontested divorce can be finalized as early as 31 days after filing, while contested divorces may take much longer.
Iowa
Divorce Documentation – you must provide a certified copy of your final divorce decree when applying.
Remarriage Waiting Period – generally no waiting period—but the divorce decree itself can’t be entered until at least 90 days after papers are served (the “cooling-off” period). That means you can’t legally remarry until the divorce is final—usually 90+ days post-filing.
Waiver: In urgent situations, this waiting period may be waived by court order.
Kansas
Divorce Documentation – a certified divorce decree or dissolution certificate is required when applying for a marriage license.
Remarriage Waiting Period – enforces a 30-day waiting period from the decree entry, during which a remarriage is voidable unless an appeal is filed. After 30 days with no appeal, the decree is final, and remarriage becomes valid.
Maryland
Divorce Documentation – you’ll need a certified copy of the final divorce decree or proof that your divorce is finalized.
Remarriage Waiting Period – no mandatory waiting period—you may remarry immediately after the decree is issued.
Note: the divorce isn’t legally final until the judge signs the decree—there’s no additional delay for filing or appeal.
Minnesota
Divorce Documentation – a certified final divorce decree is required when applying.
Remarriage Waiting Period – no waiting period for divorces granted on or after March 1, 1979, except:
- If the divorce is contested and within the 90-day appeal window, or
- If one party appeals the grounds for divorce, there may be a temporary restriction.In uncontested cases with no appeal, remarriage is allowed immediately once the decree is entered.
Montana
Divorce Documentation – you must present a certified copy of your final divorce decree when applying for a new marriage license.
Remarriage Waiting Period – once your divorce is final, you may remarry immediately.
(Some local clerks may require the decree date to confirm finality.)
Nebraska
Divorce Documentation – a certified copy of the final Decree of Dissolution must be presented to get a new marriage license.
Remarriage Waiting Period – a six-month and one-day waiting period after the divorce decree is entered is mandatory before you can remarry.
Note: There’s also a 30-day appeal window post-judgment, but the six-month restriction is separate and stricter.
New Jersey
Divorce Documentation – a certified copy of the final divorce decree is required for the marriage license.
Remarriage Waiting Period – no statutory waiting period—but the decree is not considered legally final until it’s officially entered into the docket and the 45-day appeal window has passed. Legal advice suggests waiting at least 45 days post-entry to ensure your divorce is truly final.
New York
Divorce Documentation – When applying for a marriage license in New York, you must present a certified copy of your final divorce decree from your most recent marriage. This applies even if the divorce was finalized years ago.
Remarriage Waiting Period – once your divorce is finalized by the court, there is no required waiting period to remarry in New York.
North Carolina
Divorce Documentation – requires applicants to demonstrate they are currently unmarried. A certified divorce decree is the standard proof.
Remarriage Waiting Period – none. There is no post-divorce waiting period—once divorced, you can remarry immediately.
Rhode Island
Divorce Documentation – divorce requires a mandatory waiting period before the decree becomes final and operative—three months after trial/decision (G.L. 15-5-23).
Remarriage Waiting Period – no additional waiting to remarry once the decree is final.
South Dakota
Divorce Documentation – divorce includes a 60-day cooling-off period after filing before entering judgment.
Remarriage Waiting Period – once finalized, you’re free to remarry.
Texas
Divorce Documentation – you need to show proof of divorce with either a divorce certificate, the final decree, or a certified court verification letter.
Remarriage Waiting Period – 30-day waiting period after the judge signs your final divorce decree—remarriage before day 31 triggers a voidable marriage, unless you’re remarrying your former spouse.
Waiver option: The Court may waive the wait if you file a petition showing “good cause”.
Washington State
Divorce Documentation – applicants must certify that their divorce is final and provide the date of finalization; a certified divorce decree is usually requested.
Remarriage Waiting Period – no post-divorce waiting period. Once the decree is signed and filed, you’re legally divorced and may remarry immediately.
Note: There is a 3-day waiting period between license issuance and the ceremony itself in some counties.
Wisconsin
Divorce Documentation – you must provide the final divorce decree or certified copy when applying for a new license.
Remarriage Waiting Period – mandatory six-month waiting period after the decree is issued per Wis. Stat. § 765.03. Failing to adhere may result in a marriage that’s voidable or even bigamous, since it’s unlawful to remarry so soon.
What If You Don’t Have Your Divorce Certificate
Requirements can vary by location, so it’s important to check with the county or city clerk’s office where you plan to apply for your marriage license. Some jurisdictions may ask for a certified copy of the divorce decree (which includes detailed terms of the divorce), while others may accept a divorce certificate (which is a legal summary document). If a divorce occurred in a different state, you’ll likely need to request the necessary document from the state’s vital records office or county clerk’s office. If you do not have a certified copy of these records, consider the following options:
- Request a Copy: Contact the county where your divorce was finalized or use a secure online service, such as Vital Records Online (VRO), to apply for certified copies of your divorce certificate.
- Use Alternative Evidence: If, for some reason, you cannot obtain a divorce certificate, your state’s marriage license office may accept other proofs, like a letter from your attorney.
- Explain the Situation: If you cannot provide documented evidence, be prepared to explain why and offer any alternative evidence.
Steps to Remarry After a Divorce
If you’ve finalized your divorce and wish to remarry, follow these steps:
- Obtain a Certified Copy: Request a certified copy of your divorce certificate from the appropriate court.
- Check Your State Laws: Research the remarriage laws in your state to ensure you fulfill any waiting period.
- Gather Documentation: In addition to your divorce certificate, you may need to provide identification, proof of residency, or other required documents as specified by your state.
- Apply for a Marriage License: Visit your local marriage bureau or courthouse to obtain a marriage license. Bring all necessary documentation, including your divorce certificate.
- Fulfill Any Other Requirements: Complete any premarital counseling, health assessments, or other state requirements.
- Plan Your Ceremony: Once you have your license, you are free to plan your wedding and get married!
Having the correct divorce documentation ensures your next marriage is legally valid from the start. It also prevents delays or denials in the marriage license application process, making it a critical step in planning your new beginning. Check your state’s specific requirements regarding divorce certificates and waiting periods to ensure a smooth transition into your new chapter.
