CALIFORNIA’S WAITING PERIOD FOR DIVORCE
It is true that every divorce is unique and the timeline for a final judgment varies, depending on the facts of each case. However, there is one factor that all dissolution actions have in common in California, and that is the mandatory waiting period. In California, the parties must wait a minimum of six months before their action is finalized, also referred to as the “cooling off” period. There are no exceptions to this rule. The clock starts running once the court establishes jurisdiction over the action and the parties – not once the parties have officially separated. This occurs when a copy of the petition and summons was served on the opposing party or when the respondent officially appeared, whichever occurs first.
Residency Requirement
In a divorce action in California, one spouse must be a resident of the state for at least six months before filing the action. They must also be a resident of the county where they file for at least three months. It’s important that the party filing for divorce understands this law, as the action could be delayed much further if not followed.
Can A Divorce Last Longer Than Six Months?
The simple answer is yes, but it doesn’t have to. There is no mandatory waiting period that is longer than six months, but divorces often include many issues that parties won’t necessarily agree on – then they go to trial, which inevitably delays the process. Contested issues can include disagreements on child custody, child support, spousal support, and property division. But California does have provisions that allows the court to issue temporary orders that can be made before the divorce is finalized, in order to get the process moving.
Why You Should Hire An Attorney
Divorce is stressful and can be very complicated. That’s why it is a good idea to contact an attorney to help you with your divorce action to ensure that everything goes smoothly. Contact our experienced family law attorneys to help you today!