Navigating the Six-Month Waiting Period for California Divorces

Published on: February 14, 2025

Divorce is rarely easy, but in California, the process comes with a built-in six-month waiting period that can feel like an extra hurdle. If you’re considering divorce, understanding what this waiting period entails and how to use this time effectively can help you move forward with confidence.

Here, our Markey Law Offices Thousand Oaks family law attorney explains.

Why Does California Have a Six-Month Waiting Period?

California law requires a mandatory six-month waiting period before a divorce can be finalized. This rule is meant to give couples time to reconsider and ensure they are making the right decision before legally dissolving their marriage.

The six-month countdown begins once one spouse—the petitioner—serves the other spouse—the respondent—with divorce papers. Even if both spouses agree on all terms of the divorce, the court cannot finalize the divorce before the six-month period ends.

What Happens During the Waiting Period?

Though it may seem like an inconvenient delay, the waiting period serves an important purpose.

It allows both spouses time to:

• Gather necessary documentation, such as financial records, tax returns, and property valuations.
• Negotiate key divorce terms, including property division, child custody, spousal support, and other financial matters.
• Attend mediation or settlement discussions to resolve disputes outside of court.
• Adjust to the transition of living separately and preparing for post-divorce life.

In some cases, a divorce may take longer than six months if complex issues need to be resolved. However, it cannot be finalized any sooner.

Can You Speed Up the California Divorce Process?

While the six-month waiting period cannot be waived, there are ways to streamline your divorce so that it is finalized as soon as the waiting period ends.

They include:

• Uncontested Divorce – If both spouses agree on all aspects of the divorce—including property division, child custody, and spousal support—they can submit a marital settlement agreement to the court. This can significantly reduce delays.
• Summary Dissolution – If the marriage lasted less than five years, there are no children, and assets and debts are minimal, a couple may qualify for a summary dissolution, which is a simplified process with fewer court requirements.
• Early Agreement on Key Issues – The more proactive you are in resolving disputes, the faster your divorce can proceed once the waiting period is over.

At the end of the waiting period, if all required paperwork has been filed and court approvals have been granted, the judge can issue a final divorce decree, legally ending the marriage. If issues remain unresolved, the case may continue beyond six months until all matters are settled.

Get Guidance from Our Thousand Oaks Divorce Attorney

Navigating a divorce is stressful, and California’s waiting period can feel like an extra burden. However, Markey Law Offices can help you make the most of this time by ensuring all necessary steps are taken for a smooth process.

If you’re considering divorce, contact our Ventura County and Los Angeles County family law firm today for experienced legal guidance. With our fully remote services, you can connect with an attorney anytime via call, text, email, or Zoom. Get personalized legal advice from someone who understands the personal stakes of your case and its impact on your future.