Complete Guide to Remarriage in California

• When can you get remarried in California?
• How long does a divorce take in California?
• How can you keep your divorce on track?
• California’s legal path to a new marriage
• What happens if you get remarried too soon?
• Frequently asked questions
• References

It's common for people to enter new marriages when their former marriages end. In fact, 67% of people ages 55 to 64 are remarried. 

If you love married life, it's tempting to rush into a new relationship right away. But in California, you must wait to make things legal. 

You can't remarry in California until your divorce is finalized. And making a few mistakes during your split could extend your timeline and strain your new relationship. 

Here's what you need to know about finding new love in California – without breaking the law.

When can you get remarried in California?

You can enter a new relationship at any point during the divorce process. No laws prevent you from meeting someone, falling in love, and moving in together. But you can't formalize your relationship through marriage until the first marriage is no longer valid. 

Like most states, California doesn't allow bigamy. People can't have multiple legal spouses, even if they want to do so. If you try to get married before your first marriage is legally finished, you're committing bigamy.

So when is your marriage officially over? The following two scenarios exist:

• If you participated in a divorce hearing or trial, a judge will sign your final documents. You will take them to the courthouse clerk to file them. At that point, your marriage is over. 
• If you collaborated with your spouse and submitted your final documents without a hearing or trial, the judge will review and sign them. The clerk will file those documents and mail you a Notice of Entry of Judgment marked “filed.” The document will state when your divorce was finalized. 

Until you have a formal document in your possession, you can’t get remarried. If you try to file for a new marriage license, the clerk will see your married status or case in progress, and your application will be rejected. 

How long does a divorce take in California?

California laws mandate a six-month divorce cooling-off period. The count begins the day a person files divorce papers. While you can negotiate a fair settlement during this time, no court will finalize the documents until six months have passed. 

Your divorce could (and likely will) take much longer due to the following factors:

• Strained staff members: Judges must sign off on all California divorces. A backlog of cases could mean you're stuck in limbo until a judge has time to review your documents and sign off on the case.
• A mandatory hearing or trial: If you can't agree with your spouse on a marital settlement agreement, you must argue your case in court. A divorce trial is messy, expensive, and time-consuming. If you must go to court, expect the process to take much longer than if you solved things in mediation. 
• Poor organization: The sooner you collaborate with your spouse, the better. You must understand your assets and debts, and you must collaborate on a fair split. If you delay these conversations, you may not be ready to sign your final documents when the six-month mark arrives. If you’d like to shorten your divorce time line, act early to get organized.
• Missing or uncooperative spouse: If you can't find your spouse or that person won't respond to your requests, you'll waste time trying to communicate. Without cooperation, the timeline for divorce is longer.

How can you keep your divorce on track?

Collaboration and cooperation are critical to short California divorces. People who agree with each other on their divorce terms can stay out of the courtroom, prepare their documents, and file easily. If the documents they submit are clear and well-reasoned, the judge is more likely to approve them. 

The process still takes six months, but it is more efficient than a hard battle between people who disagree. If there are unresolved matters, on the other hand, the timeline for divorce can stretch out significantly.

Mediation can help

If your early conversations with your spouse aren't helpful, consider mediation. Hire a professional to guide you through difficult decisions, such as asset/debt splits and child custody arrangements. Use these sessions during your waiting time so you can be ready when the six-month mark hits to move things forward. 

Be open, honest, and humble when you collaborate. This can be difficult when you're on the brink of divorce, but getting caught up in a revenge mindset will only hurt you. As hard as it might be, you'll emerge with the most efficient divorce process possible when you aim to work together.

California’s legal path to a new marriage

Per California Family Code 2339, no divorce can be completed until six months from the day the recipient got a copy of the summons and petition for divorce. Know that six months is the shortest time frame possible. The courts could extend this time frame for good cause.

When your divorce is finalized, you’ll receive a copy of your final judgment (which is sometimes called a divorce decree). This document proves that the court processed your divorce and you’re no longer legally married.

If you choose to get remarried, you must have proof that your other marriage has been terminated. A final judgment provides that proof.

To get remarried, you must appear (in person) at the County Clerk’s Office with the following documents:

• Valid picture identification (like a driver’s license or passport)
• A copy of the final judgment
• A copy of your birth certificate (in some counties)

If you have the proper documents, the clerk will give you a marriage license that’s valid in California. You have 90 days to use it before it expires.

What happens if you get remarried too soon?

It’s difficult to get remarried in California when your divorce isn’t final. The clerk’s office will ask for the specific date that your divorce was authorized, and you’re typically asked to show your final divorce decree as proof. If your divorce is still in progress, you won’t have the evidence you need to get married again.

If you lie on your marriage certificate application, trying to get remarried before your divorce is final, you could face serious consequences. You could be prosecuted in the state for lying on a legal document. The stigma of that arrest could stick with you for years. In some cases, it could limit your employment opportunities.

The marriage you entered could also face consequences. In California, judges can annul (or invalidate) marriages due to bigamy – when one spouse is married to someone else. Bigamy applies if you get married before the divorce is finalized.

Frequently asked questions

These are the questions we often hear about remarriage after divorce in California:

When can I remarry after divorce in California?

You can remarry when your divorce has been finalized. That means you can’t get remarried for at least six months after you served your spouse with divorce papers. Sometimes, it can take longer.

Why is there a waiting period in California?

A waiting period is designed to help people make sure they truly want to end their marriage. The waiting period can also give people time to wind down their marriages and make key decisions about child custody, child support, and asset and debt splits.

Is it a crime to lie on marriage license applications?

Yes, and it’s also very hard to do. Many counties in California require people to provide their official divorce decree when they file for a marriage license. If you don’t have one, you won’t get a new license. If you lie, you could face criminal charges.

Read: Successful Divorce Mediation Tips and Tricks

References