Sometimes we get a call from an individual asking for a “same-day” divorce. Better yet, we get a call back from a prospective client saying they’ve found another attorney who can give them a one-day divorce. Putting this deceptive marketing tactic from unscrupulous attorneys aside, a divorce cannot be finalized in one day. Despite what these callers are led to believe, there is no one-day divorce that results in your marriage terminating tomorrow. Rather, a divorce may be filed and the other spouse served, but in California, there is a six month waiting period required by statute before any divorce can be finalized.
The 6 Month Rule
Mostcouples in California can be divorced in 6 months plus one day, but it allcomes down to the date of service. The courts in California use the 6-monthperiod as a cooling-off period. It provides the couple the opportunity todismiss the divorce should they wish to reconcile and continue the marriage.
Before you make a final decision on your marriage, it is best to consult with a local divorce attorney who can help you understand your rights and responsibilities. This can be helpful especially if you and your spouse have children or marital assets.
The Divorce Timeline in California
InCalifornia, a divorce is officially started when you file a petition fordivorce in court. The 6-month waiting period (plus one day) is the earliestdate the couple can be considered legally divorced. This is also the earliesteither spouse can remarry.
Submittingthe documents correctly to the court can save you time, frustration, and money.If you are unsure what documents need to be filed, contact a Sacramento familylaw attorney.
Time of Separation Does Not Count
Thereare two things that are important to understand when it comes to timelines in separationand divorce. The first is that you do not have to be separated six months (orany length of time) to file a petition for divorce. Please keep in mind that alegal separation and a divorce are two separate actions. Your marriage can onlybe terminated by a divorce (or annulment).
The second is that the time you were separated does not count toward the 6-month waiting requirement before a divorce can be finalized. Accordingly, even if you were separated for years, the clock does not start ticking until you file a petition for divorce in family court and serve the other party. You will also need to prove that the service was handled correctly by providing proof of service to the court.
Note – the Sacramento court offers a One Day Divorce Program for self-represented litigants who are at the final stage of their divorce.
InConclusion
Adivorce officially starts when the petition is filed in family court and yourspouse is served. There is no minimum waiting period to file for divorce. Thesooner you file the divorce petition and serve your spouse, the sooner thedivorce will be finalized—after the 6-month waiting period, of course.
