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Do I have to wait 6 months to remarry?

Citrus Heights, CA |

I have been working on my divorce for almost 2yrs now and it's finally to the point I am filing for default and getting a hearing date set. I heard through the grapevine that I have to wait 6mths after it's final to remarry.My ex and I have been separated for more than 2yrs and I have met someone and we want to get married...

Attorney Answers 2

  1. The important date is the date your judgment is entered. You can get married the day after that date. The earliest that date can be is 6 months and one day after the day your current wife was served the divorce papers. If you served her more than six months and one day ago, then the judgment can be entered on the day of your default hearing. I do not know why you have been working on the divorce for 2 years and are now proceeding by default. That fact is a little odd.

    Michael is in San Jose, California and can be reached at 408-295-4232 or at Consultation fees, rates and retainers vary based on need and ability to pay.

  2. The six month window to which you refer is the minimum amount of time that the Court has jurisdiction over the marriage prior to dissolving it. The Court has jurisdiction over the marriage once both parties have either submitted to the jurisdiction of the Court or been served with a valid summons. Typically jurisdiction attaches when the petitioner has the summons and petition served on the respondent. If this occurred more than six months ago, you may proceed to have the Court dissolve the marriage. Declarations of disclosure must be served and proof thereof must be filed prior to dissolution. It is not common for a two year old petition to be unresolved as to marital status. Has your spouse been served? Has your spouse responded? This appears to be a case wherein you would benefit from an hour or two consultation with a family lawyer to make sure that you have completed the prerequisites to dissolution.

    Good luck and best wishes.

    The Answer provided by the Attorney to the question stated by the asker on the website is for educational and general information only and does not create an Attorney/Client relationship. The information contained in the answer should be used for the limited purpose of education and no reliance thereon should be placed unless the asker provides the attorney with a full opportunity to learn all the facts relevant to the question.

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