What is the Waiting Period for Divorces in California?
Many divorcing spouses in California assume that it is at least possible to end their marriages within a few weeks. However, there is a mandatory waiting period in California, and this is an obstacle that is effectively impossible to avoid in the Golden State. If you are planning on a speedy divorce, this is something you should keep in mind. The good news is that there are plenty of steps you can take during this waiting period to streamline the overall process. Our team of Cerritos divorce attorneys can guide you through these steps to ensure a smooth process. Consulting with a divorce lawyer early can help you prepare and avoid unnecessary delays. For comprehensive assistance, consider reaching out to a divorce law firm in California.
The Waiting Period for California Divorces is Six Months
According to the Judicial Branch of California, a divorce takes at least six months in the Golden State. This is because of a mandatory six-month waiting period. After you file for a divorce, you must wait a minimum of six months before proceeding with the actual legal process. This is also known as a “cooling-off period.”
Why Does California Have a Mandatory Waiting Period?
California is not the only state with a mandatory waiting period for divorcing spouses. This is a relatively common practice followed by both “red” and “blue” states across the nation. Washington, D.C. also enforces a six-month waiting period, and so does Vermont. As frustrating as this might seem, many spouses have it worse. States like North Carolina and West Virginia have a one-year waiting period. Arkansas and New Jersey top the list with an 18-month waiting period.
The logic behind these waiting periods is twofold. First, states realize the importance of protecting the nuclear family. They understand that when families break apart, society as a whole usually suffers. Children growing up with divorced parents are statistically more likely to face numerous challenges. This could affect the success of the state and the entire nation.
Because of these issues, states want to give parents and spouses as much time as possible to rethink their decision and reconcile. If you call off the divorce within the six-month waiting period, the family remains intact – and the courts face fewer cases.
In addition, states want to give spouses time to adjust to single life. During these six months, you can put your affairs in order and prepare for financial independence. Many spouses organize new housing and new careers during these six months. Working with a divorce attorney can help you navigate these changes effectively. For comprehensive support, consider reaching out to a divorce law firm in Southern California.
What Can I Do During the Six-Month Waiting Period in California?
The term “waiting period” is something of a misnomer. You do not have to simply sit and wait during these six months. Perhaps most notably, you can start discussing your divorce with your spouse. You can get started with a formal mediation or collaborative law process during the waiting period, deciding on virtually every aspect of your divorce before the six months expire. When the waiting period is over, you can have your separation agreement approved by a judge. Taking advantage of the six-month waiting period could dramatically speed up the divorce process.
Find an Experienced Divorce Lawyer in San Bernardino
The RM Law Group has spent many years assisting divorcing spouses like you. We know that the six-month waiting period in California is often a source of frustration – but there are many steps you can take while you wait. Contact us today at 866-706-3160 to learn more about this waiting period and the timeline for a typical divorce in California.
Jason Martinez is a co-founding partner of RM Law Group, LLP. His practice focuses exclusively on California Family Law and community property division, including litigation and settlement of complex and high-conflict divorce and child custody proceedings. Jason understands that divorce and family law issues have long-term effects on all family members, especially the children.
