What is the name of your state? California/Wisconsin
My fiance and I are both legal Wisconsin residents. However, we plan to marry in California when he returns from Iraq. From what I can tell, WI law says he can't remarry for 6 months after his divorce, but would a marriage in California be valid everywhere but WI? Here are the laws I find but I'm having trouble interpreting them.
California
Prior to 9/17/65, an interlocutory decree was first entered and at the expiration of 1 year (if there had been no appeal motion for the new trial or reversal of the interlocutory decree) a final decree could be entered.
From 9/17/65, through 12/31/69, (and for actions in which judgment was entered or a new trial granted between these dates) a final decree could be entered immediately after the interlocutory decree if 1 year had expired from the date of service of summons and complaint on the defendant spouse. A final decree of divorce severed the marital relationship and permitted either party to remarry. There was no waiting period after the entry of the final decree.
A marriage contracted with a third party after the interlocutory decree but before the final decree is void whether contracted in California or in another jurisdiction because the parties are not divorced until the entry of the final decree.
Since 1/1/70, (and for actions filed before that date with respect to issues as to which no interlocutory decree or judgment had been entered by that date) a final judgment dissolving the marriage may be entered, upon the motion of either party or the court, 6 months after the date of service of summons and complaint or appearance of the respondent. Such final judgment restores each party to the status of a single person and after its entry either may marry.
Wisconsin
Before 4/12/72, a divorce became final one year after it was granted. The date of the granting of the decree, usually the date of the trial, commenced the running of the 1-year period which must elapse before the divorce became final. A remarriage in any State prior to the expiration of that 1-year is void, because the decree granted has the same effect as a decree nisi and does not sever the marital ties. (If either party dies within the 1-year period indicated above, the marriage is deemed dissolved by final decree immediately before such death.) (See last paragraph of entry for change of position.)
After 4/11/72, and before 2/1/78, the date of the granting of the decree, usually the date of the trial, commenced the running of the 6-month period which must elapse before the divorce became final. This applied to a divorce decree resulting from the service of a summons upon the defendant before 2/1/78. A remarriage in any State prior to the expiration of that 6 months is voidable. (If either party dies within the 6-month period indicated above, the marriage is deemed dissolved by final decree immediately before such death.)
On or after 2/1/78, a divorce decree resulting from the service of a summons upon the defendant is final immediately, except that a 6-month waiting period during which the parties must not marry will be established in each decree. Any marriage in violation of this prohibition is voidable.
All marriages referred to under the former laws as being void are now considered voidable. Any remarriages can become valid if the marriage is entered into by one of the parties in good faith and if the parties continue to live together following the removal of the impediment; i.e., the expiration of the waiting period. This is a change of position effective 12/27/78.
My fiance and I are both legal Wisconsin residents. However, we plan to marry in California when he returns from Iraq. From what I can tell, WI law says he can't remarry for 6 months after his divorce, but would a marriage in California be valid everywhere but WI? Here are the laws I find but I'm having trouble interpreting them.
California
Prior to 9/17/65, an interlocutory decree was first entered and at the expiration of 1 year (if there had been no appeal motion for the new trial or reversal of the interlocutory decree) a final decree could be entered.
From 9/17/65, through 12/31/69, (and for actions in which judgment was entered or a new trial granted between these dates) a final decree could be entered immediately after the interlocutory decree if 1 year had expired from the date of service of summons and complaint on the defendant spouse. A final decree of divorce severed the marital relationship and permitted either party to remarry. There was no waiting period after the entry of the final decree.
A marriage contracted with a third party after the interlocutory decree but before the final decree is void whether contracted in California or in another jurisdiction because the parties are not divorced until the entry of the final decree.
Since 1/1/70, (and for actions filed before that date with respect to issues as to which no interlocutory decree or judgment had been entered by that date) a final judgment dissolving the marriage may be entered, upon the motion of either party or the court, 6 months after the date of service of summons and complaint or appearance of the respondent. Such final judgment restores each party to the status of a single person and after its entry either may marry.
Wisconsin
Before 4/12/72, a divorce became final one year after it was granted. The date of the granting of the decree, usually the date of the trial, commenced the running of the 1-year period which must elapse before the divorce became final. A remarriage in any State prior to the expiration of that 1-year is void, because the decree granted has the same effect as a decree nisi and does not sever the marital ties. (If either party dies within the 1-year period indicated above, the marriage is deemed dissolved by final decree immediately before such death.) (See last paragraph of entry for change of position.)
After 4/11/72, and before 2/1/78, the date of the granting of the decree, usually the date of the trial, commenced the running of the 6-month period which must elapse before the divorce became final. This applied to a divorce decree resulting from the service of a summons upon the defendant before 2/1/78. A remarriage in any State prior to the expiration of that 6 months is voidable. (If either party dies within the 6-month period indicated above, the marriage is deemed dissolved by final decree immediately before such death.)
On or after 2/1/78, a divorce decree resulting from the service of a summons upon the defendant is final immediately, except that a 6-month waiting period during which the parties must not marry will be established in each decree. Any marriage in violation of this prohibition is voidable.
All marriages referred to under the former laws as being void are now considered voidable. Any remarriages can become valid if the marriage is entered into by one of the parties in good faith and if the parties continue to live together following the removal of the impediment; i.e., the expiration of the waiting period. This is a change of position effective 12/27/78.
