When does the 6 month waiting period officially start for a divorce?

The date the petition is filed, the date my spouse received and signed the petition, or the acknowledgement was signed?

Asked on October 6, 2011 under Family Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The laws and the time limits associated with them can be very confusing.  You are correct that California has a statutory 6 month waiting period as a minimum waiting period in order to obtain a divorce.  The reasoning is based upon the fact that California is a no-fault divorce state.  But it is really 6 months and one day waiting period and the 6 months begins when the divorce paperwork is actually filed and the respondent (your husband here I assume) has been properly served.  If he signed or accepted service I would assume that this would be the date.  The waiting period is designed to make sure both spouses have had enough time to think about the decision to divorce before the court dissolves the marriage. If, at the end of the six months, either party still desires a divorce, the court will dissolve the marriage. Good luck.


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