Short answer: Yes. North Carolina does not require a waiting period between an absolute divorce and a new marriage. You may marry once the judgment of absolute divorce has been entered. Marrying before then creates a void marriage under G.S. 51-3 and can be bigamy under G.S. 14-183. Before you remarry, make sure property and support claims were filed before the divorce, and know that remarriage ends alimony and post-separation support under G.S. 50-16.9(b). After the divorce judgment, either party may marry again without restriction arising from the dissolved marriage (G.S. 50-11(a)).
When your divorce is final
An absolute divorce in North Carolina requires that the spouses have lived separate and apart for one year and that one of them has lived in North Carolina for six months (G.S. 50-6). The marriage ends when the judgment of absolute divorce is entered. A judgment is entered when it is reduced to writing, signed by the judge, and filed with the clerk of court (G.S. 1A-1, Rule 58). Get a copy of the judgment from the Clerk of Superior Court before applying for a marriage license.
Applying for a new marriage license
Under G.S. 51-8, the register of deeds issues a license to applicants who can answer questions about age, marital status, and intention to marry, and may require evidence it considers necessary. Call the register of deeds in your county before you go to ask what to bring.
Before you remarry: a checklist
| Issue | What to check | Law |
|---|---|---|
| Property division | Was an equitable distribution claim filed before the divorce, or a written property agreement signed? | G.S. 50-11(e); G.S. 50-20(d) |
| Alimony you receive | It will end when you remarry or cohabit | G.S. 50-16.9(b) |
| Alimony you pay | It ends if your former spouse remarries or cohabits; your own remarriage does not end it | G.S. 50-16.9(b) |
| Custody | Remarriage does not change the order by itself; a later motion must show changed circumstances | G.S. 50-13.7 |
| Premarital agreement | Must be in writing and signed by both parties | G.S. 52B-3 |
| Beneficiaries and estate plans | Update wills, retirement and insurance beneficiaries, and powers of attorney | Your plan documents |
Benefits that may change
- Social Security. SSA considers marital status when it decides eligibility for family benefits, including benefits for ex-spouses, and asks you to report a marriage. See SSA: family benefits.
- Pension and survivor benefits. Ask the administrator of any pension, military, or survivor benefit plan how a remarriage affects your benefits.
Do you need a lawyer to remarry?
Not to get married. But if your divorce is recent, a short review can confirm that the judgment was entered, that property and support claims are protected or resolved, and how remarriage affects any support you pay or receive. See the NC divorce process and PSS and alimony in North Carolina.
Frequently asked questions
Is there a waiting period to remarry after divorce in North Carolina?
North Carolina’s marriage statutes do not set a waiting period after an absolute divorce. Once the judgment of absolute divorce is entered, you may apply for a new marriage license. The register of deeds decides eligibility based on your answers about marital status and may ask for supporting documents under G.S. 51-8. G.S. 50-11(a) provides that after an absolute divorce either party may marry again without restriction arising from the dissolved marriage.
What happens if I remarry before my divorce is final?
The new marriage is void under G.S. 51-3, because one of the parties has a living spouse. Knowingly marrying while still married is also bigamy, a Class I felony under G.S. 14-183. Wait until the judgment of absolute divorce is entered and get a copy before applying for a license.
Does remarriage end alimony in North Carolina?
Yes. Under G.S. 50-16.9(b), if the spouse receiving post-separation support or alimony under a North Carolina court order remarries, the support terminates. Cohabitation has the same effect. Alimony also ends when either spouse dies. G.S. 50-16.9(b) applies to support paid under a North Carolina court judgment or order. If your alimony comes from a separation agreement that was not made part of a court order, read the agreement’s own terms.
Will my remarriage affect custody or child support?
Not automatically. A custody order changes only on a motion showing changed circumstances under G.S. 50-13.7. A new spouse who plays a large role in the child’s life can become part of that analysis.
Do I lose my equitable distribution claim if I divorce and remarry?
Remarriage itself does not end the claim, but the divorce can. Under G.S. 50-11(e), an absolute divorce destroys the right to equitable distribution unless the claim was asserted before the judgment, with a narrow exception for service by publication. File property claims before the divorce is entered.
If you are facing this situation, call Martine Law before you sign or file anything. $50 consultation with our Director of Client Engagement. Full refund if you’re not satisfied, for any reason. We have offices in Charlotte, Raleigh, Cary, and Belmont. Call (919) 925-4613 or (704) 842-3411, or send us a message. Phones and chat are answered 24/7, with AI covering when no staff is free.
Last updated October 2026.
This page states North Carolina law as of October 2026 and is for general information, not legal advice. Reading it does not create an attorney-client relationship. Prior results do not guarantee a similar outcome.