If you or your partner has been previously married and divorced, most county clerks will ask about it — and some will require documentation. Here's what to expect and how to prepare.
What County Clerks Ask About Prior Divorces
On virtually every marriage license application in the United States, you will be asked: Have you been previously married? If yes, how did that marriage end — divorce, annulment, or death? When and where?
For divorces finalized more than 6–12 months ago, most clerks simply record what you state verbally or in writing on the application. No documents are required in the majority of states for older divorces.
For recent divorces — generally defined as divorces finalized within 30–90 days, though this varies by county — many clerks will request a certified copy of your divorce decree or a document showing the final divorce date.
Do Any States Impose a Post-Divorce Waiting Period?
Most states do not. However, a handful historically did — and the remnants of those rules still create confusion:
- Most states: No post-divorce waiting period. You can remarry the day your divorce is finalized.
- Kansas: 30-day post-divorce waiting period before remarriage (with some exceptions).
- Nebraska: 6-month waiting period from the date of divorce before remarriage.
- Texas: 30-day waiting period after divorce before remarriage — waivable by a court order.
- Wisconsin: 6-month waiting period from divorce finalization — waivable.
If you're not sure whether your state has a post-divorce waiting period, check your state's family code or consult your divorce attorney. The county clerk can also advise you.
Texas Family Code §6.802 imposes a 30-day waiting period after a divorce is finalized before either party can remarry — unless a court order waives the restriction. This is separate from the 72-hour waiting period for the marriage license itself. Both can be waived, but require separate judicial steps.
What Documents to Bring
The safest approach for any recently divorced applicant:
- Certified copy of your divorce decree. This is the official court document issued by the court clerk when your divorce was finalized. It shows the final divorce date, case number, and signatures. It is different from the "divorce certificate" some states issue — make sure you have the actual decree.
- Know the exact final divorce date. The application will ask for it. "About two years ago" is not sufficient — you need month and year at minimum, ideally the exact date.
- Know the state and county where the divorce was filed. The application asks for this too.
What If You Don't Have Your Divorce Decree?
If your divorce was recent and you can't locate your decree, you have several options:
- Contact the court where the divorce was filed. The circuit/district/superior court in the county where the divorce was filed maintains records and can provide certified copies for a fee (typically $10–$30). You can often order by mail or online.
- Check your state's court records portal. Most states have online court records accessible through the state judicial website. You can often find your case number and request documents electronically.
- Your divorce attorney should have a copy on file if you used legal representation.
- Contact the county clerk and explain. Some county clerks will proceed with your application based on verbal representation if the divorce was not recent, especially if you can provide the date and jurisdiction. Policies vary widely — always call ahead.
Annulments and Void Marriages
If a prior marriage was annulled (legally declared void or voidable), you are generally treated as never having been married for purposes of a new marriage license application. However, bring the annulment order or decree from the court — the clerk will want to see it and confirm the marriage was officially dissolved before proceeding.
Frequently Asked Questions
In most states, yes — there is no mandatory waiting period between a divorce and a new marriage license. However, in Texas, Kansas, Nebraska, and Wisconsin, you may face a post-divorce waiting period before you can legally remarry. In those states, confirm with the county clerk that enough time has passed. In all states, bring your certified divorce decree — a very recent divorce will almost certainly prompt the clerk to ask for it.
Both applicants are asked about prior marriages on the application. If your partner has also been divorced, the same expectations apply to them — particularly for recent divorces. It's safest for both parties to bring their divorce decrees if either party has been divorced within the past year.
This is more complex. You'll generally need a certified copy of the foreign divorce decree plus an official English translation (certified by a qualified translator). Some county clerks may also request an apostille on the foreign document. Call the county clerk's office in advance — policies vary and some clerks have specific experience with foreign divorces while others do not.