Once a spouse files for divorce, there’s no waiting period required before the divorce process can proceed. However, California law does have a six-month waiting period from the date of service of the divorce petition before a divorce can be finalized. Here’s a breakdown:
- Filing the Divorce Petition: The divorce process begins when one spouse files a divorce petition with the court and serves it on the other spouse. There’s no mandated waiting period for filing the petition; it can be done at any time when one or both spouses decide to end the marriage.
- Response and Waiting Period: After being served with the divorce petition, the other spouse has 30 days to file a response. Once the response is filed, or if the time for responding passes without a response, the parties enter a waiting period. In California, this waiting period is six months from the date the divorce petition was served.
- Finalizing the Divorce: After the six-month waiting period, if all issues such as property division, child custody, and support have been resolved or adjudicated, either spouse can request that the court enter a final judgment of divorce. Once judgment is entered, the divorce is finalized, and the marriage is legally dissolved.
It’s important to note that while there isn’t a mandatory cooling-off period before filing for divorce, couples may choose to take time to consider their decision and explore alternatives to divorce.