Legal Question in Family Law in California
I am to be married in California this October. My wife to be was previously married 3 years ago and her divorce papers have not been finalized yet. She finally got everything together with hers and her ex signature and she is filing for something called a default. She says that we can get married 30 days after she is done with the filing but according to my search i saw many people saying that it is at least 6 months. my question is can we get married this October? or will this be considered bigamy? if we get married in October, what will be the ramifications for both of us?
2 Answers from Attorneys
I would have to see the papers she thinks will accomplish this in 30-days. There is a mandatory waiting period of six months from when the respondent is served with the peitition to dissolve the marriage. So if that was done six months or more ago, then it is at least theoretically possible to get it finalized in 30 days. If not, there is no way. If the divorce is not final, you will not be able to get a wedding license if you are honest on the application. If you are dishonest and get married anyway, you both will be guilty of a crime for filing the false application, and she will also be guilty of bigamy. Your marriage will be entirely void.
She can't get married to anyone until the judge signs a judgment terminating the status of her prior marriage. As Mr. McCormick pointed out, you would be committing the crime of bigamy.
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