Divorce can be a stressful and emotionally taxing experience, but California provides a clear process with specific timelines. One important part of this process is the mandatory waiting period.
Knowing about this waiting period can help you plan ahead and manage your expectations during this challenging time.
What is the mandatory waiting period?
California requires a mandatory waiting period of six months before a divorce can be finalized. This waiting period starts once the court receives your spouse’s response to the divorce petition or the date the petition is served, whichever happens first. Keep in mind that six months is the minimum time required, but it can take longer depending on the circumstances of your case.
How does the waiting period affect divorce proceedings?
Although the law mandates the six-month waiting period, it doesn’t automatically mean the divorce will take that long. If you and your spouse agree on major issues like property division, child custody, and support, the case can often settle quickly. However, if there are disagreements or complex issues involved, the court may take longer to resolve the case.
Can anything speed up the process?
In some cases, you can speed up the divorce process by reaching an agreement with your spouse outside of court. If you can settle your differences, the court may finalize the divorce sooner than the six-month waiting period. However, even with an agreement, the six-month waiting period still applies.
The six-month waiting period gives both parties time to reflect on their decision and ensures the court handles everything legally and properly.
