The younger a married couple is when completing a divorce, the more likely both of them will wind up getting married again. More than two-thirds of divorced spouses eventually remarry, which raises the question of whether marriage rather than a less formal relationship is a good choice to make. An experienced divorce lawyer can help those pondering potential nuptials and the legal aspects that might be involved after already having gone through a divorce.
No Waiting Period in Maryland
Several states require ex-spouses to wait six months or a year following a divorce before he or she can marry again in that state under most circumstances. Even if someone were married, resided, and divorced in a state that requires a waiting period to marry following the conclusion of divorce proceedings, Maryland does not have a mandatory waiting period for a new divorcee.
Although Maryland allows anyone to get married right away following a divorce, it usually is a better idea to wait at least a few months if not a year or so to remarry. Moving on from a divorce is more complicated legally as well as personally, especially if children are involved. There may be legal matters to be settled, including full transfers or liquidations of any jointly owned properties in accordance with divorce terms.
Learn from the Divorce to Prevent Another
The divorce rate is high in the United States. But that does not mean a divorce is inevitable, especially with a second marriage. In many cases, people whose prior marriages ended in divorce have grown and matured, which makes it easier to better understand what it takes to make a marriage work. It also makes it easier to discuss sensitive subjects, such as finances and potential property division in the event of a divorce.
Before moving forward with a new marriage, it helps to seek counseling services that can help individuals to better understand how the prior marriage failed. Identifying personal weaknesses and working to eliminate them or convert them into strengths with the help of a qualified marriage counselor can help to make a second divorce less likely to occur.
Take Measured Steps Forward
Recovering from a divorce can take some people quite a bit of time. Entering a new relationship quickly and mostly to fill an emotional void that might exist following a divorce is not necessarily a wise idea. Although there always is a chance of meeting an ideal partner soon after a divorce concludes, until the emotional wounds from the divorce heal, there is a good chance long-term relationships will not occur.
When the timing is right and if a potentially great lifetime partner emerges, it always helps to learn from the prior marriage and take measured steps going forward. Allowing a relationship to blossom naturally instead of pushing for something that might or might not exist can make a big difference between having mutually a supportive relationship of high quality versus heading toward another divorce.
Know the Logistics
A new marriage means merging two different lives into one family unit. Those lives might include children from prior marriages. It also means combining two lifestyles into one, and that can be a big problem. The logistics involved in maintaining a marriage while continuing down a career path can cause time away from home and create additional stresses and pressures.
If the prior marriage failed largely because of time spent apart from career and other outside influences versus the internal pressures of dealing with a marriage and potential family, the same is likely to happen if one or both spouses have similar issues in a new relationship. Finances and housing always are a big factor in whether a marriage can work. The logistics must work prior to entering a major marriage commitment again.
Make Sure Both Potential Spouses Fully Embrace Challenges
Many marriages fail because of unrealistic expectations or changing lifestyle demands that put an undue burden on one spouse that is not shared equally. Changes in family structure, career paths, and many other unknown factors could make it virtually impossible for a marriage to continue for very long if significant changes are not made.
When it comes to deciding on getting remarried, it is very important for both spouses to fully understand the scope of responsibilities and how a marriage would impact their lives on a mutual basis.
Recheck the Recent Divorce Agreement
The more recently the prior divorce, the more anyone considering entering a new marriage needs to ensure that would not trigger negative consequences from the divorce agreement. Many divorced couples have conditions that might cause financial or ownership issues if one or both enter another marriage.
Joint ownership of property or division of assets that require both ex-spouses to remain single for a period following the divorce might cause significant economic impact for the former spouse who marries in violation of the divorce agreement. Some financial support could be lost or property transferred because of legal agreements made during the divorce proceeding. A court-approved divorce has a great deal of legal authority and might require the help of a divorce lawyer to prevent economic harm.
Social Security Considerations
Some divorced spouses qualify for and receive a Social Security benefit up to the equal amount of that earned by the prior spouse. If one spouse was the primary earner while the other spouse primarily fulfilled the role of homemaker and caregiver to any children as well as the working spouse, the spouse who did not work could qualify for Social Security benefits.
Any marriage that lasts at least 10 years and has one spouse who is fully insured for Social Security benefits automatically qualifies the other spouse for at least partial benefits. The benefit is called an auxiliary benefit and is equal to up to half of the benefit earned by the divorced spouse. If the former spouse has died, the surviving ex-spouse could obtain an auxiliary benefit that is equal to the deceased ex-spouse’s full benefit amount.
That is true even if that spouse worked and has a smaller benefit coming from Social Security. But marrying a new spouse could negate the benefit from the prior marriage. When more than one prior and current spouse exists, the auxiliary benefit would be based on the ex-spouse with the most earnings.
Potential Prenuptial Considerations
Whether an individual is an earner and provider or a stay-at-home mom or dad, going through a divorce can clarify the necessity of a prenuptial agreement. A well-crafted and generally fair prenuptial agreement can make a second divorce go more smoothly. Instead of battling over who gets what and how much one or more assets each divorcing spouse should get, a prenuptial agreement can ease all those kinds of stresses.
The beauty of a prenuptial agreement is that it shows a couple is thinking ahead and making important decisions without the emotional burden that goes with an actual divorce proceeding. A wise saying is that smart people hope for the best while planning for the worst. A prenuptial agreement is exactly that and can help both parties make smart decisions about mutual assets and levels of financial support, if any, following a potential divorce.
Baltimore Divorce Lawyers at Huesman, Jones and Miles, LLC Provide Helpful Advice for Divorced Clients
A divorce does not have to be the end of deeply involved relationships, but it can make a difference in whether getting married again is a good move. The experienced Baltimore divorce lawyers at Huesman, Jones and Miles, LLC can help anyone who has endured a divorce and is considering entering new nuptials to better understand any legal implications to getting married again. We are not marriage counselors, but our legal experience with divorce and common properties and other assets helps to ensure you are fully informed of any potential legal issues that might arise from a new marriage. For more information and a free consultation, complete our online form or call us at 443-589-0150. Located in Hunt Valley and Towson, Maryland, we serve clients throughout Baltimore, Baltimore County, Bel Air, Bentley Springs, Columbia, Freeland, Hereford, Hampton, Westminster, Essex, Monkton, Sparks Glencoe, Parkton, Phoenix, Pikesville, White Hall, Carroll County, Harford County, and Howard County.