Divorce in California: Understanding the Waiting Period
Authored by Izzat H. Riaz – Californian Paralegal, U.K. Certified Lawyer (LL.M.)
The divorce process in California is designed to be careful, methodical, and fair. Even couples who fully agree on every issue must wait six months before their divorce can become final. This is not a delay caused by the courts – it is a mandatory timeline built into California law. Understanding how this works helps you plan realistically and avoid unnecessary frustration.
The Six-Month Waiting Period Under California Law
California’s divorce waiting period comes directly from Family Code §2339, which states that a court cannot issue a final judgment of dissolution until at least six months have passed from either:
- the date the respondent was served with the divorce petition, or
- the date the respondent filed a response
whichever happens first.
This is why the service date is so important. Serving documents properly not only moves the case forward, it starts the legal clock.
Example
If your spouse was served on March 1, the earliest your divorce can be finalized is September 1 – even if all documents are ready.
During this period, you remain legally married. You cannot remarry until the final judgment is entered.
Why California Requires a Waiting Period
The state views divorce as a serious and life-altering decision. The waiting period ensures time for:
- thoughtful reflection
- negotiation of property, custody, and support
- exchange of full financial disclosures
- consideration of reconciliation
- protection of each spouse’s legal and economic rights
This is not meant to punish either spouse. It exists to slow down a process that affects finances, housing, parenting schedules, and long-term rights.
No Exceptions – The Waiting Period Cannot Be Waived
California does not allow courts to shorten or waive the six-month waiting period under any circumstances. Even uncontested divorces with complete agreements cannot bypass this requirement.
However, the waiting period is only the minimum. Cases often take longer when there are:
- disputes over assets or parenting
- delays in filing disclosures
- complex property issues
- a heavy court calendar
- unresponsive spouses
Couples who reach full agreement early can file a judgment packet before the six months end, but the judge still cannot finalize it until the statutory deadline passes.
What Starts the Clock?
The waiting period begins when:
- the petitioning spouse files their paperwork, and
- the other spouse is formally served, or files a Response
If the respondent never answers, the case can still proceed by default – but the clock still runs based on service, not filing.
How To Use the Waiting Period Productively
I often advise clients to treat the waiting period as a structured timeline to get everything organized. This is the ideal time to:
- complete financial disclosures
- negotiate custody and visitation schedules
- prepare property division documents
- attend mediation
- evaluate support needs
- update budgets and housing plans
- review or locate prenuptial agreements
People underestimate how quickly six months pass when they are preparing disclosures, gathering financial documents, and working out co-parenting arrangements.
Finalizing Your Divorce
Once the six months pass and all outstanding issues are resolved, the court can issue a Judgment of Dissolution. This judgment:
- ends the marital status
- restores the parties to single status
- finalizes custody and support orders
- divides property
- resolves debts
- incorporates any settlement agreements
You do not have to appear in court if everything is settled by agreement and paperwork is complete.
Frequently Asked Questions
1. Can I get divorced in less than six months?
No. California law does not allow the waiting period to be waived.
2. Does legal separation have a waiting period?
No. Legal separation has no minimum waiting period, but it does not terminate marital status.
3. Can we stop the divorce if we reconcile?
Yes. Either spouse can file a Request for Dismissal before the divorce becomes final.
4. Do I have to pay a filing fee?
Yes. However, if you cannot afford it, you may request a fee waiver.
Key Takeaways
- California requires a six-month mandatory waiting period for all divorces.
- The clock starts from service or response, whichever comes first.
- The waiting period cannot be shortened.
- Divorce may take longer depending on the couple’s circumstances.
- Use the waiting period to organize finances, custody arrangements, and settlement terms.
- A final judgment ends the marriage and restores single status.
Need Guidance?
If you are preparing to file for divorce or respond to a petition, our office can walk you through every step – from service, disclosures, and documentation to final judgment.
Call us for a confidential consultation and clear next steps.
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