Legal Question in Family Law in California
When is it legal to re-marry after final judgement entered with court?
I am planning to remarry after my divorce is final and will be filing the final judgement this month. My question is this: Am I considered divorced after 6 months and one day, and if this is correct, do I need a copy of this final decree to obtain a marriage licence in the state of California? Thank you very much.
3 Answers from Attorneys
Re: When is it legal to re-marry after final judgement entered with court?
You must obtain a court order, judgment, disolving the marriage. Until that order is signed by the judge and filed with the court you are married.
Re: When is it legal to re-marry after final judgement entered with court?
You must file the judgment and the court must sign the judgment. Only when the judgment becomes "final" are you divorced. The "final" depends upon when the judge signs the judgment. Good luck and thanks for inquiring.
Reply: When is it legal to re-marry after final judgement entered with court?
On the face page of the Judgment, there is a place for you to put the date that marital status terminates. Family Code Section 2339 provides that marital status can not terminate sooner than 6 months from the date that the other party was served or first appeared in the action.
Good luck to you!
Brian Levy, Esq.
www.calattorney.net
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