How Long Before You Can Remarry?

Before both sides of a divorce proceeding obtain a decree restoring their single, non-married status, there is a minimum statutory six-month waiting period in the state of California.

There is a minimum statutory six-month waiting period before you can remarry in the state of California.

Neither spouse may remarry until BOTH:

1. The six month waiting period has passed

AND

2. The court enters a decree of dissolution restoring the non-married status of both parties involved

Be advised that nothing will automatically happen six months after you file for divorce.

In order to re-marry, file taxes as a single person, or simply be single, you need to agree to the terms or your divorce, complete a divorce trial (extremely unlikely), or request an early divorce, known as a Bifurcation of Marital Status.

If a dissolution action is resolved and a settlement is entered with the court prior to end of the six month time frame, a judgment of dissolution can be immediately obtained. Keep in mind the six month waiting period starts on the day the respondent is served documents (or appears in court), not the day the petition is filed.

To acquire the judgment of dissolution, you must go through a trial or settlement, as nothing goes into effect automatically after six months.

If you and your spouse have not settled on your divorce even after the six months, you may work with an attorney to obtain a "Bifurcation of Status." The court may grant a bifurcation subject to certain conditions.

This is where the court grants your divorce so you can remarry or file taxes as a single person. However, other issues such as the division of property, custody, and support are still under the court's jurisdiction.

 

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California Divorce Guide


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