What happens if one marries before their divorce is final?

UPDATED: Apr 15, 2012

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What happens if one marries before their divorce is final?

My ex-husband and I were divorced onthe 10th, 5 days ago. We had a status only judgement 2 months prior. But on the most recent notice of entry of judgement it states neither party may remarry before the 10th, My ex-husband remarried 2 motnhs ago. What does this mean? Was he considered married to both of us? Is the marraige legal and does this affect me in any way?

Asked on April 15, 2012 under Family Law, California


Madan Ahluwalia / Ahluwalia Law P. C.

Answered 10 years ago | Contributor

You have nothing to worry about. His marriage is not voidable. 

Here are requirements for a marriage-"Marriage" under California law is a "personal relation arising out of a civil contract between a man and a woman, to which the consent of the parties capable of making that contract is necessary." [Ca Fam § 300] But the parties' consent does not alone constitute a marriage. To validate the marriage, the consent must be followed by issuance of a license (Ca Fam § 350 et seq.), solemnization (Ca Fam § 400 et seq.) and authentication (Ca Fam §§ 422-425); and the "certificate of registry of marriage shall be returned" (Ca Fam §§ 359 & 360 (emphasis added)). [Ca Fam §§ 300, 306]

A voidable marriage (Ca Fam § 2210) is valid for all civil purposes between the parties and against the world until adjudged a nullity; i.e., the marriage or domestic partnership is invalidated only from the time it is so declared by a court of competent jurisdiction. Moreover, with the passage of time, a voidable marriage or domestic partnership may, for all practical purposes, become valid (nonvoidable) because a proceeding to annul a voidable marriage must be commenced within statutorily-prescribed time limits. 

Because the 2nd marriage for your spouse happened while he or she was already married, it is voidable. However, over period of time, if no nullity petition is brought, then it may become valid.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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