What to Do If You Remarried Without Finalizing Your Divorce | Los Angeles Divorce

 

What to Do If You Remarried Without Finalizing Your Divorce

Finding out that you’re not actually divorced after remarrying can be a shocking and complicated situation. If you’re one of many who believed they had finalized their divorce only to discover otherwise, this blog post is for you. We’ll explore real cases, the implications of a prior existing marriage, and how to navigate the legal system to correct this oversight.

Understanding the Situation

My name is Tim Blankenship from divorce661.com, and I’m a licensed and bonded legal document preparation service specializing in California divorce. Recently, I’ve received numerous calls from individuals who believed they completed their divorces years ago but discovered that the process was never finalized. This situation is more common than you might think.

Real-Life Cases

Let’s dive into some specific cases I encountered just this week. In one instance, a woman called me claiming she had divorced over ten years ago. She had since remarried and was planning a church ceremony. However, when the church requested a copy of her divorce decree, she was stunned to learn from the court that while she had filed for divorce, no judgment had ever been entered. This revelation forced us to complete her divorce a decade later, despite her being legally married during that time.

In another case, a client believed they had successfully filed for a default divorce. Unfortunately, they misunderstood the process, thinking that getting the default approved meant the judgment was entered. Both individuals in these cases represented themselves without legal assistance, which is fine, but it often leads to confusion and complications like this.

The Importance of Legal Guidance

When you represent yourself in a divorce, it’s easy to miss critical steps in the process. In both cases mentioned, the individuals had only filed the initial petition and served it to the other party. They thought they were divorced, but there was no formal judgment. This is a common misconception, and it underscores the importance of getting professional help.

To avoid these issues, I highly recommend using a service like ours from the start. We specialize in legal document preparation and can guide you through the complexities of divorce, ensuring that all necessary steps are completed correctly.

What Happens Next?

In the cases I mentioned, we had to pick up where they left off and complete the divorce process. Fortunately, in both situations, the other party did not file a response, which simplifies the process. If the other party had responded, we would have needed to track them down, which could be a significant challenge, particularly if a long time has passed.

One of these cases dated back 18 years. The original paperwork was fascinating to review, as it highlighted the stark differences in court forms over time. The client had thought they were divorced, had a child who just turned 18, and was shocked to find out that their divorce was still pending.

Understanding Pre-existing Marriages

When you find yourself in a situation where you’ve remarried without finalizing your previous divorce, the primary questions you’ll face include: “Am I still legally married?” and “What does this mean for my current marriage?”

In many cases, if you have a marriage license for your new marriage, you are likely considered legally married. However, your current spouse may have grounds for annulment based on the pre-existing marriage. California divorce forms even include an option to nullify a marriage due to an unawareness of a prior existing marriage.

For example, if your current spouse was unaware of your previous marriage and you find out you’re still married, this could serve as a basis for divorce if that’s the route you wish to take. However, in both cases I worked with, the clients were in good standing, and we are working to finalize their divorces.

The Consequences of Unfinalized Divorces

This issue raises several interesting legal and personal questions. For instance, if you have children with your new spouse, legal implications arise regarding paternity and custody. Whose child is presumed to be the child of the new husband versus the previous husband? This can complicate matters significantly.

It’s crucial to understand that the court’s procedures can be confusing. Many people mistakenly believe they are divorced, only to discover they are not, leading to complications in their new relationships.

Seeking Professional Help

Given the complexity of divorce laws and the potential consequences of an unfinalized divorce, it is essential to seek professional assistance from the beginning. Whether you choose to work with an attorney or a legal document preparation service like ours, having the right support is key to navigating the divorce process effectively.

We handle divorce cases across California, and if you find yourself in this situation, we can help you track down your case number and determine the next steps to finalize your divorce. We can also assist with understanding the implications of your situation and how to address them legally.

Conclusion

In summary, if you’ve found yourself remarried and later discovered that your initial divorce was never finalized, you’re not alone. This is a common issue that many face. The most important takeaway is to seek help and ensure that your legal matters are handled correctly from the start.

For assistance, please visit divorce661.com or call me directly at 661-281-0266. We’re here to help you navigate this challenging time and ensure that everything is resolved appropriately. Thank you for reading, and remember to take the necessary steps to protect your legal rights.