Spoiler:

In California, you can remarry 6 months after your divorce.

That’s counted from the date your divorce judgment is entered by the court (Notice of Entry of Judgment, Form FL-190) — not from the day you filed. The entire six-month waiting period must pass before you’re legally free to marry again. As of 2025, California offers no exceptions or waivers to this rule.

Understanding Remarriage After Divorce

If you’re considering remarry after divorce in California, you’re likely navigating a complex mix of emotional and legal considerations. Whether you’ve already found a new partner during your divorce proceedings or are simply planning for the future, understanding the legal timeline and requirements for remarriage is essential to avoid potential complications. As experienced Riverside family law attorneys, we’ve guided numerous clients through this transition and compiled this comprehensive guide to help you understand exactly when and how you can legally remarry in California.

What You Are About to Read:

• The specific waiting periods required before remarriage in California
• How California’s divorce process affects your ability to remarry
• Potential complications that can arise when remarrying too soon
• Special considerations for those with children from previous marriages
• Documentation and legal steps needed before remarrying
• Common mistakes to avoid when planning a remarriage after divorce

The Legal Timeline for Remarriage After Divorce in 2025

When Does Your Divorce Become Final in California?

In California, the earliest your divorce can be finalized is six months and one day after the date the divorce petition was served on the responding spouse. This mandatory waiting period, established under California Family Code § 2339, applies regardless of how quickly you and your spouse reach agreements on property division, child custody, or support issues.

Attorney Note: Many clients mistakenly believe their divorce is final when they sign their settlement agreement. However, the six-month waiting period is required by law regardless of how amicable your divorce might be.

The six-month waiting period serves several purposes:

• Allows time for reconciliation if the couple changes their minds
• Gives both parties time to fully consider the implications of divorce
• Provides a cooling-off period for emotional decision-making
• Allows for proper processing of all required legal documentation

Can You Date During the Divorce Process?

While there is no legal prohibition against dating during your divorce proceedings, entering a new relationship before your divorce is finalized can potentially:

• Complicate property division negotiations
• Create tension in co-parenting relationships
• In some cases, affect spousal support determinations
• Lead to emotional complications for children involved

Attorney Note: Dating during divorce proceedings isn’t illegal, but it can sometimes inflame emotions and complicate an otherwise straightforward divorce. Consider the potential impact on your specific situation before publicly pursuing a new relationship.

The Exact Timing: How Soon Can You Remarry After Divorce in California?

Once your divorce judgment has been entered by the court and the six-month waiting period has elapsed, you are legally free to remarry in California. Here’s what this means in practical terms:

1. Your divorce must be completely finalized with a judgment entered by the court
2. The full six-month waiting period must have passed
3. You must have received your Notice of Entry of Judgment (Form FL-190)

As of 2025, California maintains this six-month waiting period without exception. Unlike some states that offer waivers or shortcuts, California strictly enforces this timeline.

Real-World Example:

John serves divorce papers to Mary on January 15, 2025. Even if they immediately complete all paperwork and reach full agreement on all issues, the earliest their divorce can be finalized is July 16, 2025. Only after this date would either party be legally permitted to remarry.

Documentation Needed to Remarry After Divorce in 2025

Before remarrying, you’ll need specific documentation proving your divorce is final:

• Certified copy of your divorce decree (available from the county clerk’s office where your divorce was filed)
• California Notice of Entry of Judgment (Form FL-190)
• Valid identification (driver’s license, passport, etc.)
• Birth certificate (required for marriage license application)

When applying for a new marriage license, you’ll need to provide information about your previous marriage, including the date and location of your divorce. Be prepared to provide accurate information, as falsifying these details could potentially invalidate your new marriage.

Common Mistakes to Avoid When Remarrying After Divorce

1. Remarrying Before Your Divorce is Legally Final

One of the most serious mistakes is attempting to remarry before your divorce is legally finalized. This can result in:

• Bigamy charges (a crime in California under Penal Code § 281)
• Invalidation of your new marriage
• Complications with property rights and inheritance
• Legal liability for misrepresentation

Attorney Note: Even if you believe your divorce is final, always verify with your attorney or check court records to confirm the exact status before planning a remarriage.

2. Failing to Address Financial Entanglements From Your Previous Marriage

Before remarrying, ensure you’ve properly addressed:

• Division of retirement accounts (requiring Qualified Domestic Relations Orders or QDROs)
• Ownership transfers for real estate (through proper deeds and title changes)
• Joint debt responsibilities (credit cards, loans, mortgages)
• Life insurance and beneficiary designations

3. Overlooking the Impact on Child Support or Spousal Support

Remarriage can affect existing support arrangements:

• Your remarriage generally does not affect your obligation to pay child support
• If you’re receiving spousal support, your support may terminate upon remarriage (depending on your divorce judgment)
• If you’re paying spousal support, your new spouse’s income generally doesn’t affect your support obligation

4. Neglecting to Update Estate Planning Documents

After remarriage, failing to update critical documents can create serious problems:

• Wills and trusts may need revision to reflect your new marriage
• Powers of attorney should be updated to name your new spouse if desired
• Advance healthcare directives should reflect your current wishes
• Beneficiary designations on retirement accounts, life insurance policies, and investment accounts

Special Considerations for Blended Families in 2025

When remarrying with children from previous relationships, additional legal considerations come into play:

Child Custody and Visitation

• Your new marriage doesn’t automatically change existing custody orders
• Significant changes in circumstances (including remarriage) might provide grounds for custody modification
• Step-parents do not automatically gain legal rights to step-children

Financial Considerations for Blended Families

• Prenuptial agreements can help clarify financial responsibilities
• Estate planning becomes more complex with step-children and multiple families
• College financial aid may be affected by remarriage
• Tax implications can change substantially

Attorney Note: Blended families face unique legal challenges that benefit greatly from personalized legal advice. What works for one family may not be appropriate for another, especially regarding estate planning and financial arrangements between step-relatives.

Interstate Considerations When Remarrying After Divorce

If you divorced in another state but plan to remarry in California (or vice versa):

• Most states, including California, recognize valid divorces from other states
• You may need to provide additional documentation proving your divorce
• Waiting periods vary by state, so ensure you’re complying with relevant laws
• International divorces may require additional verification before remarriage

People Also Ask

Does California require a waiting period between divorce and remarriage?

Yes, California requires a mandatory waiting period of six months and one day from the date divorce papers are served before the divorce can be finalized. You cannot legally remarry until after your divorce is final, meaning at minimum six months and one day must pass between service of divorce papers and remarriage.

Can I get married while my divorce is still pending?

No, you cannot legally marry someone new while your divorce is still pending. Attempting to do so could constitute bigamy, which is a crime in California under Penal Code § 281. You must wait until your divorce is completely finalized with a judgment entered by the court and the six-month waiting period has elapsed.

How do I know when my divorce is officially final in California?

Your divorce is officially final when:

1. The court has signed and filed your divorce judgment
2. The mandatory six-month waiting period has passed
3. You have received your Notice of Entry of Judgment (Form FL-190) You can verify your divorce status by contacting the county clerk’s office where your divorce was filed or checking your case status online through your county’s court website.

Will my new marriage affect child support from my previous marriage?

Generally, remarriage alone does not change child support obligations from a previous marriage. Child support is considered the right of the child, not the receiving parent. However, if your financial circumstances change significantly after remarriage, you might have grounds to request a modification of support. Any modification would require court approval and would be based on substantial changes in circumstances, not simply the fact of remarriage.

Does remarrying affect spousal support (alimony)?

If you’re receiving spousal support, your right to continue receiving it typically ends upon remarriage, unless your divorce judgment specifically states otherwise. If you’re paying spousal support, your obligation generally continues regardless of your remarriage. However, if your ex-spouse remarries, your obligation to pay spousal support usually terminates automatically.

Do I need a new prenuptial agreement when I remarry?

While not legally required, a prenuptial agreement is highly recommended for remarriages, especially when either or both parties have children from previous relationships, significant assets, or ongoing financial obligations from previous marriages. A prenuptial agreement can help protect inheritance rights for children from previous marriages and clarify financial responsibilities in your new marriage.

Conclusion: Planning Your Remarriage After Divorce

Remarrying after divorce requires careful legal consideration to ensure you’re properly protecting yourself and your loved ones. While the six-month waiting period in California provides a minimum timeframe, many individuals benefit from taking additional time to:

• Fully resolve emotional attachments to previous relationships
• Establish clear financial boundaries and expectations with a new partner
• Create appropriate legal protections through prenuptial agreements and estate planning
• Build healthy relationships between step-family members

At Family Law Matters, our experienced Riverside family law attorneys can help you navigate the legal aspects of remarriage after divorce, ensuring you avoid common pitfalls and protect your interests. For personalized guidance on your specific situation, contact us at 951-972-8287 or visit temeculadivorce.com to schedule a consultation.

References

California Courts. (2025). Filing for divorce or separation. https://www.courts.ca.gov/1032.htm

California Legislative Information. (2025). Family Code Section 2339. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM&sectionNum=2339

California Courts. (2025). Forms and rules: Family law. https://www.courts.ca.gov/forms.htm?filter=FL

California Department of Public Health. (2025). Marriage licenses. https://www.cdph.ca.gov/Programs/CHSI/Pages/Marriage-License-Information.aspx

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