How Long Do You Have to Wait to Get a Divorce in California?

Divorce can be an emotionally charged and legally complex process. Here at Modesto Family Law, we understand the challenges you face and aim to provide clarity during this difficult time. One of the most frequent questions we receive is: “How long does it take to get a divorce in California?” While the overall timeline can vary depending on individual circumstances, California law mandates a specific waiting period relating to the termination of your marital status. However, this waiting period is limited, and you need not wait to obtain orders for custody, support, property division, attorney’s fees, and other matters within your divorce. 

The 6-Month Wait

In California, in order to terminate one’s marital status and be restored to the status of single, divorcing couples face a mandatory waiting period of at least six months after filing the petition for dissolution of marriage with the court. This wait applies even if both spouses agree to the divorce, and the judge has no power to waive it. This enforced pause allows couples a “cooling-off” period to potentially reconsider their decision and maybe reconcile.  However, this waiting period is limited to the sole issue of terminating marital status.  The waiting period has no effect on obtaining orders from the court on custody, parenting time, child support, spousal support, attorney’s fees, property division, and so on. If a party needs orders from the court, a motion can be filed during and/or after the 6-month waiting period has expired.  Furthermore, provided that the parties have completed necessary disclosure documents and exchange them, the parties can enter into agreements for the division of their assets and debts and submit those agreements to the court well before the 6-month waiting period has expired.  In some cases, the parties can even finalize their divorce before the 6-month waiting period has expired; however, the parties will still have the status of a married couple until the 6-month period has expired.  You may even be able to obtain a final Judgment for Dissolution of Marriage before the 6-month period has expired, but that judgment will contain a notice of that date that your marital status terminated or will terminate in the future. 

When Does the Clock Start on the Waiting Period?

The official countdown for the waiting period begins the day the court accepts the filed petition for divorce. It’s important to distinguish between filing and serving your spouse with the documents.

Here’s a breakdown of the timeline:

  1. Filing the Petition: You or your attorney initiate the process by filing a petition for dissolution of marriage with the appropriate court.
  2. Serving Your Spouse: Once the court accepts the petition, you must properly serve your spouse with the legal documents. This process ensures your spouse is aware of the divorce proceedings and has the opportunity to respond.
  3. Waiting Period Begins: The six-month waiting period commences on the date the court acknowledges receipt of proof that your spouse has been served.

Can You Expedite the Process After the 6 Months?

California law mandates a mandatory waiting period of at least six months before a divorce can be fully finalized and you are restored to the status of a single person. This wait applies even if both spouses agree to the divorce. It’s important to remember that six months is just the minimum time to terminate one’s marital status – the process can still take longer depending on your case. However, there are steps you can take to expedite things. Working collaboratively with your spouse to reach agreements on child custody, property division, and spousal support can significantly speed up the finalization. This might involve mediation or negotiation to arrive at mutually acceptable terms. An experienced divorce attorney can also be a tremendous asset. Their expertise can streamline the legalities, ensure all paperwork is filed correctly, and advocate for your best interests during negotiations or court appearances. Here at Modesto Family Law, our team is adept at navigating the California divorce process efficiently and can help you achieve a smoother resolution.

Modesto Family Law: Your Trusted Guide Through California Divorce

Divorce is a life-altering event, and it’s crucial to have qualified legal representation by your side. At Modesto Family Law, we understand the emotional and financial complexities involved in divorce. Our compassionate and experienced attorneys are dedicated to guiding you through the process with empathy and knowledge. Contact Modesto Family Law today for a consultation.