Re-Marriage

[Teresa Hunt]

I "thought" that my divorce was final, when the judge said
"dissolution granted" at the trial in January 2000.
I re-married in August of 2000.
I received a judgement, filed January 2001 indicating that
my divorce is final.
We married in good faith. Is there a form/petition that I need to file with the court or do we need to get a new marriage license and start over.

Residence: Oregon. Divorce was granted in California and re-married in Nevada.

 

[I AM ALWAYS LIABLE]

I "thought" that my divorce was final, when the judge said
"dissolution granted" at the trial in January 2000.
I re-married in August of 2000.
I received a judgement, filed January 2001 indicating that
my divorce is final.
We married in good faith. Is there a form/petition that I need to file with the court or do we need to get a new marriage license and start over.

Residence: Oregon. Divorce was granted in California and re-married in Nevada.

My response:

Take a deep breath, and a sigh of relief. You're okay.

Minimum six-month waiting period for final termination of marriage: A judgment of dissolution is not final for purposes of terminating marital status until six months have expired from the earlier of the date of service of a copy of summons and petition or respondent's appearance. [Ca Fam § 2339(a)]

This six-month period is the minimum "waiting period" for a final termination of marital status by judgment of dissolution. Although the finality time-line is subject to extension, there is no judicial authority to shorten it. [Ca Fam § 2339(a)]

So, if your ex-husband was served with your Petition papers, from that date the 6 month countdown begins. From what you've written, you were way over that time limitation when you got married in Nevada.

So, you're okay. You can sleep tonight. In other words :

Baby, you're married to your current husband.

IAAL