Why do people remarry when not Divorced? Bigamy (marrying when not divorced from a previous spouse) is illegal and can happen for a number of reasons:
- Mistaken beliefs: People mistakenly believe that the 6 month ‘waiting period’ for a California Divorce means that 6 months after filing for Divorce you are automatically divorced! They may also believe that once the Divorce is filed, it is finalized! In truth, the minimum time period for a Divorce in CA is 6 months and 1 day from the date of service–not the maximum time period! There is nothing ‘automatic’ about Divorce. Papers must be filed, served, issues (if there are any) must be addressed, then final docs filed and approved by the court. A final judgment from the court that is stamped with the date of the Divorce will be sent to both parties upon completion or would be available at the court. You must have this paper before you remarry.
- One party does not tell the truth: One spouse tells the other that he/she was not married previously so there would be no problem with regard to marriage. Once married, the spouse may discover that there is another spouse and/or another family.
- The spouse states that his/her Divorce is finalized: To be assured that this is true, it is best to request the final stamped judgment from the court, with the date of the Divorce, before you marry.
The bottom line is that in order to remarry, you must have a stamped judgment from the court to confirm that the Divorce is finalized. Without this paper, you should not assume that you are divorced and hence should not remarry.
If you have questions about whether your Divorce is finalized or how to finalize it, give us a call @ 1-800-HELP-444 (1-800-435-7444). With over 35 years’ experience in California Divorces, we can advise you and help solve your Divorce issues. You may also visit our website @ www.LegalActionWorkshopLAW.com for more information.