Sunday, December 18, 2011

HOW SOON AFTER MY DIVORCE CAN I REMARRY?

QUESTION: How long do I have to wait to remarry after my divorce is finalized?

MY RESPONSE: You can re-marry the day that the Judgment is entered into the official records of the court. That date would be reflected on the Notice of Entry of Judgment and on the face of the Judgment, itself. You will need to get a marriage license before you can legally get re-married.

Note, however, that the other party can file a Notice of Appeal to appeal the Judgment within 60 calendar days from the date the Notice of Entry of Judgment is mailed, or if it wasn't mailed (which in a divorce case should never occur), within 180 days from the date of entry of Judgment. If the Judgment is timely appealed, depending upon whether or not the dissolution of marital status is or is not stayed in the appeal process, it might potentially affect the validity of your re-marriage, but that possibility is highly unlikely.

Even if an appeal is timely sought, reversal of the dissolution of marital status on appeal is extremely unlikely.

If your divorce was done with an Appearance, Stipulation and Waivers, or other language in your Judgment waiving the right to appeal, you would have no risk in re-marrying the date your Judgment is entered.

Even if your divorce was not done with a waiver of the right to appeal, you will most likely not have any problem if you re-marry the date the your Judgment is entered.


This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |

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