Legal Question in Family Law in California
When there is a waiting period from the official date of Divorce Dissolution Judgement, to remarry in the state you were married and divorced in, can you go to another State and remarry in spite of the waiting period?
2 Answers from Attorneys
No, you cannot remarry until your marital status is terminated. If the court has ordered your status terminated upon a future date, you cannot marry until that date occurs.
I do not believe Mr. Roach can properly make such a broad pronouncement on the law of other states. In California you must wait six months from when the respondent is served to obtain a judgment of dissolution, but the judgment is effective immediately. I have never heard of a state that enters a judgment of dissolution but then requires you to wait to remarry. If there is such a state, however, I don't think you can make the blanket statement Mr. Roach makes. You would have to look at and understand the law of that state before you could provide a reliable answer as to whether the waiting period is binding on other states. Generally the marriage laws of each state are given full faith and credit in each of the other states, but there are certainly exceptions and interpretational variations, as the same-sex marriage issue demonstrates. If you want a real answer to your question, you need to ask it of an attorney in the state you have found that enters a judgment but then won't let you remarry right away. You may find that it is an administrative provision binding only on the marriage bureaus or clerks in that state limiting their ability to issue licenses for remarriage, not on other states' marriage license institutions, or you may find that the law is that the dissolution is only provisional, in which case it would not be recognized as final in most states until it becomes a final dissolution.