After a divorce when can you remarry is one of the most practical questions people have after their divorce becomes final. California has a specific waiting period rule, and remarriage has legal consequences for existing support orders. This page covers the timing, the rules, and what remarriage means for ongoing family law obligations.
When Can You Remarry After Divorce in California?
After divorce getting married in California requires that the divorce judgment be final. California's six-month waiting period begins from the date the respondent is served with the divorce petition — not from the date the judgment is signed. After you divorce when can you remarry? The earliest you can remarry is six months and one day after the respondent was served. If the judgment was entered before the six-month period expires, you must still wait until the six months have run.
After divorce how long to wait to remarry in California is therefore at least six months from service — but often longer, because the court proceedings may take longer than six months to resolve. Once the six-month period has passed and the judgment is entered, you may remarry immediately.
Remarrying Before the Divorce Is Final
After a divorce when can you remarry if the judgment has not been entered yet? You cannot — remarrying before the divorce is final constitutes bigamy under California Penal Code section 281, which is a criminal offense. After you divorce when can you remarry in a practical sense means waiting for the court to issue the final judgment of dissolution and confirming the six-month period has elapsed.
Effect of Remarriage on Spousal Support
Remarriage of the supported spouse automatically terminates spousal support under California Family Code section 4337 — no court motion is required. If your ex-spouse remarries, you can stop paying support on that date. Remarriage of the paying spouse does not automatically terminate support but may be grounds for modification if remarriage materially changes their financial circumstances.
Effect of Remarriage on Child Support
Remarriage does not automatically change child support. A new spouse's income is generally not considered in child support calculations — courts focus on the parents' incomes. However, if remarriage changes a parent's household expenses significantly or if there are new children from the remarriage, those circumstances may support a modification request.
Furubotten Law, APC handles post-judgment matters including support modification and remarriage issues throughout Orange County and Riverside County. Call (714) 795-3862 for a complimentary case evaluation.