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I want to get a double proxy marriage in Montana and been told I dont have to wait 6 month to remarrie ( been divorced in CA )

Los Angeles, CA |

I have been married and got recently divorced September 26 2013 in CA.
My attorney told me I have to wait six month after my now ex wife got served before I can remarrie again. My question now is: I am currently stationed in Germany would like to get a double Proxy marriage in Montana. Sam from "Marriage by Proxy " told me since I would get married in Montana I dont have to wait until 26 January to remarrie. Because the state of Montana doesnt requiere the six month, you can remarrie if you wish the next day after you got divorced...
Is this correct, can I remarrie before 26 January 2014???

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Attorney answers 3


No. Your new marriage will not be valid until your old one is officially over. All states have full faith and credit with each other which means they will cooperate with each other in matters such as this and recognize each others laws. Any marriage before 1/26/14 would not be valid in any state.

Michael Schwerin, San Jose, California phone: 408-295-4232 email: Consultation fees, rates and retainers vary based on need and ability to pay.


Until the status ends in CA (you need to have a judgment and not merely wait) you are not free to remarry by proxy or otherwise.

This response will not create an attorney-client relationship between you and Sarieh Law Offices, and is not intended to serve as a legal advice in your specific circumstances. This response is a legal opinion based solely on facts represented and you should not rely on this legal opinion as a legal advice. You still need to consult an attorney directly to fully protect your legal rights.


You filed for divorce in California. Therefore the laws of the state of California control. Until you are legally divorced under Califonria law, you are not legally entitled to remarry anywhere.

For more information or more personalized attention, please contact my office at (310) 410-9902 or visit my firm's website at