QUESTION
In California can I get remarried after my divorce is final?
Asked on Feb 08th, 2013 on Divorce - California
More details to this question:
I've been separated for 7 years and filed for divorce 2 months ago; however, I'm engaged to be remarried. Is there a waiting period after my divorce is finalized?
I have 2 children over 18 years of age and 2 children under 18 years of age.
7 ANSWERS
Yes. You have filed only. Did you personally serve your Ex? That would be when your six month waiting period would begin. Then at the end you must ask the court to terminate your status of being married. Only then can you remarry.
Answered on Feb 08th, 2013 at 4:14 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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You can get remarried if you have a judgment of dissolution. The judgment will say what day it is final. You can remarry the next day.
Answered on Feb 08th, 2013 at 4:14 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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You need to make sure the Notice of Entry of Judgment is filed with the court before you can remarry. The shortest period after filing for divorce that you can remarry is 6 months. There are lots of forms to do. Make sure you get everything done. The divorce does not happen automatically just because you filed.
Answered on Feb 08th, 2013 at 4:13 PM
Family Law Attorney serving Walnut Creek, CA
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Law Office of Jon Rathjen
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There is a 6 month "cooling off" period that starts when the responding party is served with the petition. No judgment of dissolution can be entered before that period runs. However, contrary to popular opinion, that does not mean judgment is automatically entered after 6 months. There are important steps that the litigants need to take (and that the court will not do on its own) before a judgment can be obtained. Once judgment of dissolution is granted, the date of termination of the marital status will be in the judgment; as of that date the parties are free to try marriage again (which of course we divorce lawyers strongly encourage!!!).
Answered on Feb 08th, 2013 at 3:51 PM
Once the divorce judgment states that you are considered dissolved that is when you can re-marry. The judgment will specifically state the date your marriage is considered dissolved. Anytime after that date you can get married.
Answered on Feb 08th, 2013 at 3:50 PM
It cannot be finalized until 6 months and one day after services on Respondent. You may move the court to bifurcate and order the dissolution while waiting to figure out other issues such as support, split of property, etc.
Answered on Feb 08th, 2013 at 3:47 PM
The waiting period for a divorce is at least six months from the date the other side was served with papers. There are documents you need to file with the court to get a final judgment. Make sure you do that before you get married again
Answered on Feb 08th, 2013 at 3:47 PM