Couples must navigate specific legal requirements when filing for divorce in California, including a mandatory waiting period. This period serves as a cooling-off phase, giving spouses time to consider reconciliation or finalize the details of their separation.
Here is what you should know about the waiting period for a divorce.
Mandatory six-month waiting period
In California, there is a mandatory six-month waiting period before a divorce can be finalized. This period begins once one spouse serves the other with divorce papers and files the proof of service with the court. The state requires this waiting period to allow couples to reflect on their decision and resolve outstanding issues, such as property division, child custody and spousal support.
Why is there a waiting period?
The waiting period exists to give couples a chance to reconsider their divorce decision. It provides time for both parties to agree on important matters related to the dissolution of their marriage. Additionally, it prevents couples from making hasty decisions based on temporary emotions, ensuring that the choice to end a marriage is well-considered.
Can the waiting period be shortened?
Unfortunately, California offers no legal option to shorten the mandatory six-month waiting period. Regardless of how amicable the divorce may be, couples must wait six months before it can be finalized. However, couples can use this time to negotiate and resolve their differences so that the court can swiftly finalize their divorce once the waiting period ends.
While the six-month waiting period may feel like a long process, it offers couples the opportunity to approach their divorce and address key issues thoughtfully. By understanding this requirement, couples can better prepare for the steps involved in dissolving their marriage in California.