What You Need to Know About California’s 6-Month Waiting Period for Divorce
In California, a divorce cannot be faster than six months. Here’s everything you need to know about the 6-month waiting period for divorce in California.
A divorce judgment does not become final until six months have expired from the date of service of a copy of the summons and petition or the date of appearance of the respondent, whichever occurs first. This is a mandatory waiting period required by California law.
Public Policy on Marriage
California courts hold that the preservation of a marriage is considered essential to maintaining an organized society. With that in mind, the law is interested in preserving the integrity of a relationship, protecting it, making it a permanent and public institution, encouraging the parties to live together, preventing separation, and more. On the other hand, although public policy seeks to foster and protect marriage, it does not discourage divorce where it is legitimate to believe the marriage has been destroyed.
Grounds for Divorce in California
A California resident may get a divorce if they have “irreconcilable differences” with their spouse. Irreconcilable differences are grounds determined by the court to be substantial reasons for the dissolution of the marriage. Although, the resident does not have to give the court any other reason or prove anything. There is no guilty or non-guilty person from the perspective of California courts. This is why California is considered to be a “no-fault” divorce state.
Related: California No-Fault Divorce: What You Need to Know
However, even though no faults are required for a divorce in California, the divorce process will take at least six months from the date the filing spouse officially lets their spouse know about the divorce. The case may take longer than six months, but it cannot, by law, be any faster [See California Family Law Code §2339(a)]. The courts may extend the six-month period for good cause shown [See California Family Law Code §2339(b)], or may on notice for good cause shown or on condition of the parties, retain jurisdiction over the date of termination. They may even order the marital status to be terminated at a future specified date. [See California Family Law Code §2343]
Related: How Long Does It Take to Get a Divorce in California?
California Residency Requirements for Divorce
For a married couple to get a divorce in California, one of the spouses must have lived in California for the last 6 months and in the filing county for the last 3 months. If one cannot meet the residency requirement, one can file for a legal separation. Once enough time has passed to meet the residency requirement for a divorce, one may file an “amended petition” and ask the court for a divorce.
How to File for Divorce in California
1. Fill out required forms
- The spouse starting the case is the petitioner. The Petition—Marriage/Domestic Partnership Form FL-100 gives the court basic information about the marriage and gives one the opportunity to request the order they want the court to make.
- Summons (Family Law) Form FL-110 contains important information for the couple about the divorce process. It contains some orders limiting what couples can do with their property, money, and other assets and debts, among other things.
- If one has children under the age of 18 with their spouse, fill out the Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)—Form FL-105/GC-120.
- Make sure to make copies of the forms to give to the other spouse. The original forms are for the courts.
2. File the forms with the court clerk and pay the appropriate filing fees
3. Serve the first set of court forms
California law requires that the receiving spouse be informed that the divorce process has started. In order to do this, one must “serve” their spouse with copies of all their court papers.
Related: How to Serve Divorce Papers in California
4. Fill out and serve the proper financial disclosure forms
The financial disclosure forms must be submitted no later than 60 days after the filing of a divorce petition. These forms give each of the spouses written information about what each one owes, separately and together, in order to divide the property and debts equally.
- Declaration of Disclosure Form FL-140
- Schedule of Assets and Debts Form FL-142
- Income and Expense Declaration Form FL-150
- The disclosure documents must include all tax returns filed in the last 2 years.
- Make a copy of the forms and serve them to the receiving spouse (must be done by someone other than the petitioner and who is at least 18 years of age).
- File the Declaration Regarding Service of Declaration of Disclosure (Form FL-141), which tells the court the required disclosure documents were sent. Make two copies of this form and file both with the county clerk. The clerk will keep the original and rerun the copies back stamped “Filed.”
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If you or a loved one have any more questions about the 6-month waiting period for divorce in California, contact us. Get your free consultation with one of our experienced California Divorce Attorneys today!