Contra Costa California Petition to Waive Statutory Waiting Period Required for Remarriage After Divorce

State:
Multi-State
County:
Contra Costa
Control #:
US-01797BG
Format:
Word; 
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Description

Most states don't have a remarriage waiting period after divorce, but some states have a statutory waiting time or allow a judge to create a waiting period for the parties. In some states, both parties must be given time to appeal the divorce decree before you can remarry. Those states that have remarriage waiting periods generally calculate the waiting period from the day the judge approves the divorce decree.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

There is a minimum statutory six-month waiting period before you can remarry in the state of California. Be advised that nothing will automatically happen six months after you file for divorce.

In exercise of its extraordinary powers under Article 142 of the Constitution the Supreme Court can grant relief to the parties without even waiting for the statutory period of six months stipulated in Section 13B of the aforesaid Act.

A couple in Kuwait reportedly got divorced after just three minutes in Kuwait last month, in what is believed to be the shortest marriage on record.

The six month waiting period is also described as the cooling off period for divorce in California. More specifically, this is the time set by California statute before a marriage is formally terminated. Only after this date may the parties legally remarry.

While it is possible for the case to take less than 6 months, most cases usually take longer than 6 months for a variety of reasons. Some reasons include disagreements between spouses leading to multiple hearings or trials, court availability, the delay of disclosure or discovery, etc.

The reasoning behind California's requirement is that the state seeks to ensure that both parties are truly committed to dissolving their marriage or partnership. A longer waiting period is more conducive to spouses having the opportunity to gain perspective and possibly pursue reconciliation.

The six month waiting period is also described as the cooling off period for divorce in California. More specifically, this is the time set by California statute before a marriage is formally terminated. Only after this date may the parties legally remarry.

A married couple must file a joint petition to get a summary dissolution in California. (Cal. Fam.

There is a minimum statutory six-month waiting period before you can remarry in the state of California. Be advised that nothing will automatically happen six months after you file for divorce.

200bIf you file the Petition for Dissolution and after some time, you are reconsidering your decision, you can stop the divorce case by filing a Request for Dismissal (CIV-110) and a Notice of Entry of Dismissal (CIV-120).

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Contra Costa California Petition to Waive Statutory Waiting Period Required for Remarriage After Divorce