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How Long After a Divorce Can You Remarry in California

How Long After a Divorce Can You Remarry in California

A divorce can be a challenging and emotional process for anyone to go through. Once the divorce is finalized, many people wonder how long they must wait before they can remarry. In California, there is a specific waiting period that must be observed before an individual can legally enter into a new marriage. This article will explore the laws and regulations surrounding remarriage after a divorce in California and address some frequently asked questions on the topic.

In California, the waiting period after a divorce before you can remarry is six months. This waiting period begins from the date the divorce is finalized by the court. It is important to note that this waiting period is mandatory, and any attempt to remarry before the six months have passed will result in the invalidation of the new marriage.

The six-month waiting period is designed to give both parties involved in the divorce time to reflect and potentially reconcile their differences. It also serves as a cooling-off period to ensure that the decision to remarry is not impulsive or rushed. During this time, individuals can focus on healing, adjusting to their new circumstances, and planning for their future.

It is important to understand that the waiting period only applies to individuals who were part of a divorce. If you were previously in a domestic partnership that was terminated, the waiting period before remarrying is 90 days. This shorter waiting period recognizes that domestic partnerships are different from marriages and may not require the same level of reflection and adjustment.

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While the waiting period is set at six months, it is crucial to remember that the divorce process itself often takes longer. The duration of the divorce proceedings can vary depending on various factors, such as the complexity of the case, the availability of the court, and the cooperation between the parties involved. It is advisable to consult with an experienced family law attorney to ensure that all necessary steps are taken during the divorce process, and the waiting period is observed correctly.


Q: Can I remarry before the six-month waiting period is over?
A: No, in California, it is illegal to remarry before the six-month waiting period has passed. Any attempt to do so will result in the new marriage being considered void.

Q: Can the waiting period be waived?
A: In certain circumstances, it is possible to request a waiver of the waiting period. However, waivers are rarely granted and usually require compelling reasons, such as terminal illness or military deployment. It is recommended to consult with an attorney to determine if you qualify for a waiver.

Q: Is there any way to expedite the divorce process?
A: While it is not possible to expedite the waiting period after a divorce, you can work towards expediting the overall divorce process. Hiring an experienced attorney, providing all necessary documents promptly, and actively participating in negotiations can help expedite the divorce proceedings.

Q: What happens if I remarry before the waiting period ends?
A: If you remarry before the waiting period is over, the new marriage will be considered void. This means that legally, the marriage never took place, and all associated rights and benefits will be lost.

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Q: Does the waiting period apply to annulments?
A: No, the waiting period only applies to divorces. If you are seeking an annulment, there is no waiting period before remarrying.

In conclusion, after a divorce in California, there is a mandatory waiting period of six months before you can remarry. This waiting period is in place to provide individuals with time to reflect and adjust to their new circumstances. It is essential to observe this waiting period to ensure that any subsequent marriage is legally recognized. If you have any specific questions or concerns regarding remarriage after a divorce, it is advisable to seek legal advice to navigate the process successfully.

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