How soon can you remarry after your divorce?

The old adage around the courthouse is to wait 30 days to “let the ink dry” on your Divorce Judgment before getting remarried. In Cook County divorce cases, the moment the judge signs your Judgment for Dissolution of Marriage, you are, in fact, legally divorced. Nothing in the law says you have to wait 30 days or prevents you from getting remarried immediately.

But there are reasons to wait.

First, your spouse could undo the judgment. The legal name for this is vacating the judgment. Your ex-spouse could file a motion to vacate the judgment for divorce, and in Cook County, the courts require little more than that your ex-spouse changed his or her mind or no longer believe that the settlement is fair.

After 30 days undoing a judgment in much more difficult. Your ex-spouse still has the right to ask the court to vacate the judgment, but few divorce cases can satisfy the requirements after 30 days.

Second, the judge can undo the judgment if you don’t file the transcript. In Cook County, the judges will order you to purchase a copy of the transcript and file it with the court within 28 days of the “Prove Up.” If you don’t, the judge reserves the right to vacate your judgment and dismiss your case–meaning you’ll be legally married to your ex-spouse again. In my experience, as long as the transcript is filed within 30 to 90 days, this will not be an issue. But, it is the judge’s right to undo the judgment.

Bottom line: Waiting 30 days after your divorce to get remarried is solid advice.