Legal Question in Family Law in California

My girlfriend has filed the divorce papers for her ex, but they have not yet been finalized. I am deploying to Afghanistan in 2 weeks. Can we legally get married before the paper work is finalized?


Asked on 6/17/10, 7:30 pm

1 Answer from Attorneys

Absolutely not. Without a judgment dissolving the marital status, remarriage would be a crime and void.

If the petition for dissolution was filed more than six months ago, however, she probably can get a partial finalization that would make her legally divorced in time to marry before you deploy. It is called a "status only" judgment, because it only ends the married status while reserving any property, custody or support issues for later. Under your circumstances it is quite possible to get a status only judgment for her within two weeks, but only if the case has been on file for more than six months. There is an absolute requirement that a divorce be pending for six months before any judgment, even a status only judgment, can be entered.

Based on your situation and the service you will be doing for our country, I would be happy to help get a status only judgment for her at half my regular hourly rate, and have as much work as possible done by my junior attorneys at half what I charge for them (which is less than for me of course). You just have to promise I get invited to the wedding. ;) Give me a call if her case has been on file for at least six months and you would like to set up an appointment to discuss this option.

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Answered on 6/17/10, 10:50 pm


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