Does California Have Contingencies to Remarrying After My Divorce

You are probably eager to move on with your life after your divorce and do so as soon as possible. You may also plan to remarry after your divorce is finalized, but when is it legal to do so?

If you plan to remarry, you must wait until your divorce is finalized before you can do so legally. The good news is that once your divorce is completed, you can remarry immediately; however, there is a caveat.

Unfortunately, your entire divorce process will usually take a while, and once filed, there is still a mandatory six-month statutory waiting period before your marriage can end and you can legally remarry. The California courts require this “cooling off” period, which cannot be skipped or gotten around.

That said, bigamy (being married to multiple people at once) is illegal in California, as it is in all 50 states. So, if you remarry before your divorce is finalized, even if your divorce is filed and “agreed” to, you still must wait the mandatory six months.

Of course, by working with your experienced Fresno divorce law team, there are ways you can make your divorce move along as quickly as possible. For example, discuss and form valid agreements with your spouse on critical issues such as child support, custody, alimony, etc., as soon as possible.

Work with the help, guidance, experience, and skills of your Fresno family lawyer. They will help you reach these critical agreements rapidly and file your divorce petition with the courts, thus allowing the six-month waiting period to begin as soon as possible.

What Is the Re-Marriage Law In California?

There are many vital decisions to make during your divorce, such as child support, childcare, custody agreements and arrangements, alimony payments, and much more. The faster you work with your lawyer, agree on these issues, and finalize your divorce paperwork, the quicker you can move forward.

No matter what you do, you cannot remarry until your divorce is finalized. It’s clearly stated in the California statute concerning the six-month waiting that the court mandates. The California legislature Family Code/Chapter 4 Sec 2339 defines this waiting period starting on the date of service of your final divorce documents.

You must note that each case differs; in some cases, the process of ending your last barrage will take much longer than you expect. Some couples quickly resolved critical items such as child custody, spousal support, and property division quickly; others may not.

The more complex your divorce and the more complicated your disagreements are with your spouse, the longer it will take for your divorce to be finalized and the longer it will take before you can remarry legally after your divorce.

So, you and your empathetic and skilled lawyer will negotiate these issues and agree as amiably and quickly as possible. In that way, you can begin the mandatory waiting period as soon as possible, which is the quickest way to start your new marriage and life.

Are There Any Special License Requirements To Remarry In California?

Yes, the licensing requirements are different. For example, you must disclose the formal judgment date on which your previous marriage legally ended and why it ended.

After your divorce is ended, California does not impose a waiting period for remarriage. It only sets a waiting period for remarriage after your “judgment of divorce.”

Some counties in California require a copy of the court order for your divorce or annulment before they issue a marriage license for any new union.

These counties request this information to ensure your previous marriage has legally ended.  Your new marriage is automatically invalid if you attempt to remarry during the waiting period or while already married. There are exceptions to these rules, and your experienced Fresno divorce lawyer will assess any odd situation that may be involved. For example, if your previous spouse has been absent, missing, or thought dead for at least five years. If this occurs, your lawyer will know what to file with your divorce to ensure your new marriage is valid.

It must be noted that almost every divorce is commonly a very messy, stressful, and heart-wrenching experience. Many vital decisions must still be made before you can move on to get through the waiting period and finalize your divorce. Your lawyer’s help, guidance, knowledge, and negotiating skills will be invaluable in getting through this process as rapidly and efficiently as possible.

If I Get Remarried, Does It Affect My Spousal Support?

This is a common question and, of course, differs on a case-to-case basis.

Usually, in California, your spousal support commonly ends when you remarry or enter into a new registered domestic partnership.

However, you need to have your lawyer look over the original court order for spousal support to determine if it includes specific terms for the termination of your alimony. 

Additionally, by remarrying, if there’s a significant change in your financial circumstances, your ex-spouse who pays your spousal support could seek a court order to stop it.

You should note that many things may change once you remarry. Let’s say you move out of state, no longer need to work, obtain childcare, etc. If you don’t remarry immediately, or plan to, then years may pass before you do. However, if you decide to remarry later, you must consult your Fresno divorce law team first. Doing so lets you strategize how the new marriage may affect you, your child, and your finances. Thus, taking the proper, legal, and necessary steps in your best interests.

I Plan To Remarry After My Divorce in California; What Should I Do?

Every divorce differs in complexity, animosity, and difficulty in agreeing on one (or many) of the decisions that must be made. If you plan to remarry as soon as possible after your divorce, you must wait until it is finalized. However, also consider that knowing you will remarry will also affect the nature of your divorce negotiations.

So, you must have an aggressive, diligent, and highly skilled Fresno divorce lawyer by your side to help finalize all pertinent agreements and move on to the “waiting period” portion of this process.

The Fresno family lawyers at the Bains Law Office are ready to help you through one of the most challenging events in your life. They’ve successfully done this thousands of times and are familiar with almost all the contingencies and situations that usually arise; and how to solve them to your best advantage. Call them today at (559) 890-1007, and start down the path to a new and brighter future.