Orange County
What You Need to Know About Getting Remarried
Finalizing your divorce means you are free to find love again and remarry. Once you’ve been married before, however, there are legal implications of remarriage that you should be aware of before you tie the knot again. Remarrying after a divorce in California comes with several important legal considerations.
Waiting Time Limits to Remarry
If you wish to remarry shortly after officially ending your last marriage, know that there is a statutory six-month waiting period in California. State law requires individuals to wait at least six months after filing for divorce to remarry.
In addition, the divorce must be finalized, meaning the Orange County courts have entered a decree of dissolution. This is the only thing that will reestablish your unmarried status and allow you to legally remarry.
Remarriage and Alimony
If you are awarded alimony or spousal support as part of your divorce order in Orange County, this will likely be terminated in the event that you remarry. The majority of alimony agreements are contingent upon the recipient remaining unmarried.
Spousal support is intended to supplement the receiving spouse’s income. Having access to another income through remarriage typically terminates the right to financial support from an ex-spouse (with some exceptions). Remarrying as the paying spouse, however, typically does not affect an alimony obligation.
Child Custody After Remarriage
If there are minor children involved in a dissolution of marriage, any child custody arrangements established as part of the divorce may be reviewed if one parent’s remarriage significantly impacts the child’s living situation.
The family courts will always put the best interests of the child first. If a new living arrangement caused by remarriage potentially threatens a child’s well-being (e.g., if the stepparent has a history of domestic violence, drug addiction, alcohol abuse, child neglect or criminal convictions), the courts may reassess child custody.
Issues such as new household dynamics with stepsiblings, relocation to a new city or state, or significant changes in a child’s routine or lifestyle could all trigger a reassessment of a child custody arrangement. In these situations, the other parent has the right to request a custody modification hearing.
Child Support Payments After a New Marriage
In California, remarrying typically does not affect a parent’s child support obligation. The new spouse’s income will not be included in child support calculations, in most cases. If the parent receiving child support is the one remarrying, child support payments will not stop, either. However, there may be exceptions if the stepparent legally adopts the child, which would terminate the other parent’s parental rights and end a child support arrangement.
Blended Families and Estate Planning
If you choose to remarry after getting divorced, take into consideration possible changes you will need to make to your existing estate plan. Legal documents such as your will, trusts and powers of attorney may need to be updated to reflect your relationship change. You may need to replace your ex-spouse with your new husband or wife, for example, or include stepchildren in your plans for the future.
When to Contact an Attorney About Remarriage
Getting remarried after divorce in Orange County can come with various legal challenges that you should prepare for to avoid unwelcome surprises. If you wish to continue with your remarriage, it is a good idea to consult with a Orange County family law attorney first. An attorney can look at your specific situation and answer any legal questions you may have about remarrying. Request a free consultation at Boyd Law of Orange County for more information.
