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?
- Category: Divorce
- Date:
- State: California
Answer:
Yes, in California, there is a waiting period before a divorce is final. Specifically, the judgment of divorce is not considered final until six months have passed from the date the respondent is served with the summons and petition, or from the date the respondent appears in court, whichever comes first. If the court believes there is a reasonable chance for reconciliation, it may pause the proceedings for up to thirty days. This is outlined in California Family Code § 2339, which states that no divorce judgment is final until the six-month period has elapsed. Additionally, the court can extend this period for good cause (Cal. Fam. Code § 2340). The final judgment will specify when the divorce is effective.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.