If my husband’s divorce decree stated he wouldn’t remarry before 6 months after the divorce but we were married after 4, is our marriage valid?

UPDATED: Mar 11, 2012

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If my husband’s divorce decree stated he wouldn’t remarry before 6 months after the divorce but we were married after 4, is our marriage valid?

My husband and his ex-wife separated 3 years ago and got divorced about 1 1/2 years later. He is in the military and got a divorce from his home state. We got married 11 months ago in our current state of residence where we live; his divorce decree was officially stamped 15 months ago. He was awarded a small amount of property they purchased while being married that he has continued to pay on, as well as paying his court mandated alimony. Does this mean he is still married to her? And does she now have rights to that property?

Asked on March 11, 2012 under Family Law, California


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

No, it does not mean that he is still married to his first wife if there is a waiting period. When there is a atutory waiting period a marriage is "voidable" not void, meaning that either party to the marriage can challenge it for a certain period of time. But it is my uderstanding that California does not have a statutory waiting period per se.  So the document needs to be read by an attorney to let you know what is going on.  Good luck.

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