In California, you must typically wait at least six months after filing for a divorce for it to become final. What is the 6-month rule for divorce in California, and are there any ways to get around it?
If you need help with these or other divorce-related questions, contact the Law Offices of Ali Yousefi, P.C. We offer award-winning services and our compassionate, dedicated support through the divorce process. We can help you design a plan, understand your legal options, and get you where you need to be.
What Are the Steps to Divorce in California?
Before initiating the divorce process, you must ensure the residency requirements are met. California law requires at least one spouse to have lived in California for at least six months and in the county where you file for at least three months. Once this has been satisfied, you can start the divorce process by filing a petition.
Filing for Divorce
Next, you or your spouse must file for divorce. The filing spouse (the plaintiff) must serve the filing on the other spouse (the respondent).
The Response
Within 30 days, the respondent must file a response to the plaintiff’s petition. If the respondent files late, the plaintiff may request the court grant a default divorce.
Divorce Details
While your divorce is pending, you can request temporary orders from the court. Both spouses must provide details about:
- Their assets and liabilities,
- The marriage,
- Any children, and
- What they want from the divorce.
This information allows the court to divide the couple’s marital property, assign child custody, and order child or spousal support.
Divorce Decree
The judge can issue a final divorce order after six months but may wait to do so if the couple has not yet resolved all issues.
What Is the 6-Month Rule for Divorce in California?
In California, courts typically cannot issue a final divorce decree until six months have elapsed since either the date the respondent was served or the date the respondent filed a response, whichever is earlier. During this waiting period, the couple may negotiate issues, consider reconciliation, and adjust to life apart.
The six-month waiting period represents the earliest date a court may legally terminate your marriage. It is not a guarantee or a deadline.
Are There Exceptions to the 6-Month Divorce Rule in California?
Under California law, you cannot get a divorce decree earlier than the six-month rule allows. Rather than allowing an earlier divorce, some exceptions delay divorce.
A court may extend the waiting period based on good cause, such as a spouse failing to respond to the initial divorce filing for reasons beyond their control. Appealing a final divorce decree can extend the waiting period if the spouse who appeals objects to ending the couple’s legal marriage status.
Minimizing the Impact of the Waiting Period
Although you cannot avoid the waiting period, some strategies can minimize its impact. Even if your spouse is not cooperative, you can still reduce the negative effects of waiting.
Temporary Orders
Courts may grant temporary orders related to:
A court may also issue orders allowing one spouse to control certain property or prohibiting the spouses from taking or using property while the divorce is pending. Temporary orders are legally enforceable and can provide security to protect you, your children, and your property.
Summary Dissolution
You can end your marriage through summary dissolution if:
- At least one spouse meets the jurisdictional requirements,
- The marriage should end due to irreconcilable differences,
- You share no children,
- You have been married five years or less,
- Neither spouse owns real property or debts totaling more than $4,000 other than for a vehicle,
- You share less than $25,000 in community property,
- Neither spouse has separate property totaling more than $25,000,
- You agree on how assets and liabilities are to be divided in writing,
- Neither spouse requests spousal support,
- You waive your right to appeal or request a new trial, and
- You understand summary dissolution and want the court to end the marriage.
While the final decree still takes six months, this process allows couples to resolve divorce issues quickly.
Severing Issues
You may request the court sever the issue of your marital status from the other issues in your divorce. This option allows you to become officially divorced after the six-month waiting period, even if you have matters left to resolve.
Avoiding the Waiting Period
You may avoid the waiting period—if you file for something other than divorce. Annulment and legal separation result in a court order addressing the same issues as divorce, but neither requires you to meet the residency or six-month waiting period requirements.
Annulment
You only qualify for an annulment if, when you got married, a spouse:
- Was under 18,
- Was already married but wrongfully believed their spouse had died,
- Was intoxicated or otherwise not of sound mind,
- Consented to the marriage based on fraud or force, or
- Was (and remains) impotent.
The legal effect of an annulment is that, in the eyes of the law, you were never married.
Legal Separation
Legal separation retains the couple’s marital status. A legally separated couple may file for divorce during or after separation proceedings.
Divorce in San Francisco
The best way to approach a divorce is highly dependent on your particular situation.
Contact us today so we can discuss your options and design a strategy that accounts for and adapts to the waiting period.
Attorney Ali Yousefi is the founder of Law Offices of Ali Yousefi, P.C., and has distinguished himself as one of the leading lawyers in California. Ali values that his work allows him to make a direct, positive impact on the lives of people who have experienced stressful or traumatic events.
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