Is there a waiting period after I sign my divorce papers before I can remarry?
Full Question:
Once the divorce papers are served and signed by both parties is there a waiting period before being able to re-marry? Is it true that six months have to go or the marriage is not considered a valid marriage?
06/05/2007 |
Category: Divorce |
State: California |
#6180
Answer:
Yes. The judgment of divorce is not final until six months have elapsed from the date the respondent was served with a copy of the summons and petition or the date of appearance of the respondent, whichever comes first. Further, if upon filing of the divorce action it appears that there is a reasonable chance that the parties may reconcile, the court shall order a continuance of the proceeding for a period not to exceed thirty days.
The applicable California statutes are as follows:
§ 2339 Fam.
(a) Subject to subdivision (b) and to Sections 2340 to 2344,
inclusive, no judgment of dissolution is final for the purpose of
terminating the marriage relationship of the parties until six months
have expired from the date of service of a copy of summons and
petition or the date of appearance of the respondent, whichever
occurs first.
(b) The court may extend the six-month period described in
subdivision (a) for good cause shown.
§ 2340 Fam.
A judgment of dissolution of marriage shall specify the date on
which the judgment becomes finally effective for the purpose of
terminating the marriage relationship of the parties.