In short, the answer is “no.” Under California law, an individual who is legally married cannot enter into another legal marriage before terminating the first marriage. Recent news of Kelsey Grammer’s approaching marriage to Kayte Walsh has brought this issue to light. Grammer, although planning his February wedding to Walsh, is not yet divorced from his current wife, Camille Grammer.
California couples in similar situations might want to consider reading up on California’s “status only” judgment. A “status only” divorce, or bifurcation, is a legal proceeding where a couple’s marital status is terminated before other divorce issues, such as property characterization and division, are settled. Upon one party’s motion, the court can sever the issue of dissolution of marital status, and expressly reserve the right to later determine all of the other pending issues. Thus, after bifurcation, the individuals are considered legally “single” and are free to remarry. However, the court retains jurisdiction to settle all of the other remaining issues.
For more information on how to best proceed with your California divorce, please contact us. Please remember that each individual situation is unique and results discussed in this post are not a guarantee of future results. While this post may include legal issues, it is not legal advice. Use of this site does not create an attorney-client relationship.