How the Six-Month Rule for Divorce Works in California

Wed 31st Jul, 2024 Blogs

Divorce is not a decision to be taken lightly. The breakdown of a marriage rarely comes out of nowhere, but taking the step of filing a petition for divorce often feels like crossing the Rubicon. While most couples want to get the divorce process over as quickly as possible, California family law imposes a mandatory “cooling off” period before a court will finalize a divorce. If you’re looking to ease the divorce process as much as possible, your best bet is to seek the counsel of a Stockton divorce attorney.

What Is the Six-Month Rule, and Why Does It Exist?

California Family Code § 2339 states, “…no judgment of dissolution is final for the purpose of terminating the marriage relationship of the parties until six months have expired from the date of service of a copy of summons and petition or the date of appearance of the respondent, whichever occurs first.” In other words, You must wait at least six months from serving a divorce petition on your spouse for your divorce to become final. Section 2339 goes on to clarify that the six-month waiting period can be lengthened by the court for good cause but makes no provision for it to be shortened.

What the Rule Means for Your Divorce

The six-month rule means that you should not expect to be officially divorced until at least six months after beginning the divorce process. During that time, you remain legally married. So, for example, if you file your taxes during that six-month period, you may not file as a single person.

Factors That Can Lengthen the Divorce Process

Six months is the absolute minimum time period before a divorce can be finalized. Many divorces end up taking much longer than that, depending on the complexity of the couple’s situation. Some factors that can lengthen the divorce process include:

Having a high net worth
Having children
Major disagreements on one or more issues
Changing attorneys
Complex property valuation and division of assets
Allegations of domestic violence
Paternity issues
Abuse of the discovery process
Excessive motions for continuations

On the other hand, there are several steps couples can take to speed up their divorces. One of the most common is using a prenuptial agreement, which can resolve certain issues by contract rather than litigation.

Keep in Mind: Time Spent Separated Does Not Count

Many couples physically separate before obtaining a divorce. However, time spent separated does not count toward the six-month delay period. The period does not begin running until the spouse who files for divorce serves a copy of the divorce petition on the other spouse, regardless of how long the spouses have been separated before that point.

Ease Your Divorce With Help From a Stockton Divorce Attorney

Divorce is rarely pain-free, but you can ease the process as much as possible by working with an experienced attorney. For more information, please contact a Stockton divorce attorney at McKinley, Conger, Jolley & Galarneau by using our online form or calling us at 209-477-8171.

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