What happens if one marries before their divorce is final?

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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

Answers:

Madan Ahluwalia / Ahluwalia Law P. C.

Answered 9 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.


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