Legal Question in Family Law in California
Remarriage
I was divorced in Alabama ( which is where my ex-husband is a resident. I've never lived there ) and the final decree is date 21 July 2008. However I have plans to remarry on 12 September in California because my fiance is stationed there. The decree states that ''neither party shall contact marriage until 60 days after the date of this judgement''.
I am confused because CA laws state that there is no waiting period.
What should I do?
I am a Colorado resident by the way, so is my fiance.
2 Answers from Attorneys
Re: Remarriage
There is no waiting period in California.
Re: Remarriage
The statement indicates that the judgment of dissolution or divorce is not final until 60 days after it is entered. If that is the case any marriage prior to the 61st day after entry of judgment would be invalid. You should contact an attorney in Alabama to determine when you are legally allowed to remarry after the judgment is entered. It is the law of the state in which the divorce is granted that controls not the state in which the parties live or are married.