Can I get married while legally separated from my former spouse? 11 Answers as of July 13, 2011

We have been separated for a year now and I want to get married again. What form/legal document do I need in order to get married again?

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Law Office of Margaret D. Wilson
Law Office of Margaret D. Wilson | Margaret Wilson
A party cannot get married while they are legally separated from their spouse. In order to get married to another person the marriage must first be dissolved.
Answer Applies to: California
Replied: 7/12/2011
Law Offices of Sheryl S. Graf
Law Offices of Sheryl S. Graf | Sheryl S. Graf
Being separated is not the same as being divorced. You are not single and free to remarry until your marital status is terminated and you have obtained a Judgment in a dissolution of marriage (divorce) from the court. If it has not already been done, a Petition requesting a Dissolution of Marriage would need to be filed with the court to start the process. This information is general and should not be construed to be formal legal advice, nor the formation of a lawyer/client relationship.
Answer Applies to: California
Replied: 7/13/2011
Law Office of Xochitl Anita Quezada
Law Office of Xochitl Anita Quezada | Xochitl Anita Quezada
You need to file for divorce and have judgment entered before you can get married again. Once you receive the judgment, it will state the date that the marital status terminates and you can get married after that date.
Answer Applies to: California
Replied: 7/12/2011
Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
You must conclude your current marriage before you have the legal authority to remarry. Petition for divorce is the appropriate means to end the first marriage. Termination of your marital relationship takes a minimum of 6 months from the date the respondent ( your husband) is served.
Answer Applies to: California
Replied: 7/12/2011
Michael Apicella
Michael Apicella | Apicella Law and Mediation
In California, you cannot be married to two people at the same time. If you're still married because you never processed a divorce with the California Court, then you cannot get married to someone else, lest you will be committing the crime of bigamy. Being separated, physically or legally, is not the same as getting a judgment of dissolution (divorce). File for divorce to you can legally termination your first marriage. When you get a judgment of dissolution, then you can get remarried.
Answer Applies to: California
Replied: 7/12/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    No. You have to be divorced to remarry.
    Answer Applies to: California
    Replied: 7/12/2011
    Warner Center Law Offices of Donald F. Conviser
    Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
    No. You cannot get remarried until your existing marriage is dissolved, i.e., untila Judgment of Dissolution of your Marriage (a divorce) isentered into the records of the Court. A Judgment of Legal Separation leaves you married to your wife; you cannot remarry if you only have a Judgment of Legal Separation. Being merely separated from your wifeleaves you married to your wife. If you want to marry somebody else, you first need to divorce your wife. Once a Notice of Entry of Judgment has been served by the Court in your divorce case, you can get a marriage license to marry somebody else.
    Answer Applies to: California
    Replied: 7/12/2011
    Law Office of Jackie Robert Geller
    Law Office of Jackie Robert Geller | Jackie Robert Geller
    You need to wait until your divorce from your current husband becomes final and you get a final order of dissolution from the court. You cannot re-marry until then.
    Answer Applies to: California
    Replied: 7/12/2011
    Law Office of Daniel B. Rubanowitz, APC
    Law Office of Daniel B. Rubanowitz, APC | Daniel B. Rubanowitz
    You may not marry someone else and have a valid marriage to that person unless the status of your marriage to your former spouse has been terminated by the Court pursuant to a Judgment of Dissolution of Marriage. The term "legal separation" is a term of art which is used by attorneys and the Court in different ways. Some people think they are legally separated when a "date of separation" is identified in the Petition or Response to Petition. That date merely means that you are no longer together with that other person even though you are most likely still married to one another. Even if you were truly "legally separated", the Court still considers you to be "married". Bottom line - you need a Judgment of Dissolution of Marriage to terminate the status of your marriage in order to get married again. You should consult with an attorney about this complicated area of law prior to making any marital decision in the future. Good luck.
    Answer Applies to: California
    Replied: 7/12/2011
    Wallin & Klarich: A Law Corporation
    Wallin & Klarich: A Law Corporation | Paul Wallin
    You cannot get married while you are legally separated. You must first file a petition for dissolution of marriage and serve your current husband and when that divorce is final you can get married.
    Answer Applies to: California
    Replied: 7/12/2011
    Goodman, Dicus, and Teinert, LLP
    Goodman, Dicus, and Teinert, LLP | Paul M. Teinert
    A legal separation does not permit you to re-marry. In order to get married again you'll have to completely dissolve the marriage and receive a divorce decree. I recommend you contact a local family law attorney to assist you with your dissolution.
    Answer Applies to: California
    Replied: 7/12/2011
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