The six month waiting period is also described as the “cooling off“ period for divorce in California. More specifically, this is the time set by California statute before a marriage is formally terminated. Only after this date may the parties legally remarry. Additionally, the courts use this period of time to allow parties to stop the California divorce process and reconcile, should they so choose.
Key Points to Understand About The California Divorce Six Month Waiting Period
While some courts process final judgments within one to two weeks of submission, others may take substantially longer.
For example, if a party filed the divorce petition on April 15th, and served the documents on their partner that same day, the six month waiting period and earliest termination date of the marriage would be October 16th. However, if the party did not serve the documents until May 20th, the earliest termination date of the marriage would be November 21st.
For this reason, if you want to complete the divorce as quickly as possible, be sure to serve your partner right away.
When you choose A People’s Choice to help with your divorce proceedings, we can assure you that your final judgment will be entered as soon as possible. Call us today at 800-747-2780.
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I filed for a summary dissolution with all of the documents and signatures on December 1, 2022. I havent got any mail from the courts and on the county website it says the case is still open. What should I do?
Hello, You will need to contact the court to ascertain the status of the matter.
I have filed for a divorce over a year but we have not reach to an agreement in regards to the assets and other settlements, can i get the divorce finalized and wait for a trial to finalize the distribution of the assets?
You may be able to file a motion to bifurcate the case. Call our office for help.
If my ex-husband was served 3 years ago and we both appeared in court, but we didn’t sign the judgment papers and last stipulation papers until about a week ago, what date does the 6 month period start? Is it the day the final stipulation was turned in or 6 months and a day after he was served and appeared in court? We both received the a copy of all the forms we signed in the envelope we gave to them, everything was signed by the judge and bailiffs.
The date starts from date of service.
What happen if the other respondent does not respond or does not want to sign the papers?
It would depend on how the Petition was filed as to how easy it would be to go forward with a true default dissolution case. There are different options depending on how the paperwork was prepared.
My husband and I are trying to separate. He is military and has been deployed mostly for 1 and a half years. He just came back and now he is moving to New York. We signed a separation agreement to separate our assets before he left to New York.
1- Do we have to wait the 6 month period to get divorced even if we’ve been living apart due to deployments?
2- What happens when he registers as a New York resident?
Note: it is amicable and we have no kids, assets have been separated in our agreement
Hello, You two need to decide where the court process is going to take place. As the rules change from state to state. But for CA, you will need to wait the 6-month and 1 day service date in most circumstances. Thanks
I have a final judgement but the actual termination date is not for another 3 weeks. My exhusband just died. What does this mean for me? I’m so confused as to what & who I have to deal with
Hello, You should speak with an attorney in regards to this matter.
I the petitioner filed for divorce . Respondent has been served . Proof of service . 30 days passed and no response . Default was signed and judgement of documents have been entered . No child , assets or property involved . Amicable . Separated for 2 1/2 years . Do we still need to wait 6 months to get our divorce terminated ?
Hello Gina, your filed judgment and notice of entry will have your termination date. Yes, it is 6 months and one day from date of service or acknowledgment signed.
My divorce finalized on July 21,2021 can I get married after 1 week
My husband got his final judgement of termination of marriage an considered single since august 7th 2019 in Alameda county, CA and we both had a court marriage on August 23rd 2019, in Alameda County, is our wedding considered legal or is there a waiting period for him to be eligible to get married?
If the Judgment says he is single effective 8/7/2019 a marriage on 8/23/2019 would be valid. There are usually 2 dates on a Judgment – entered date of judgment and single date. Check your document.
What if the final judgement date on the court form precedes the end of the 6-month cooling-off period? I live in CA. Which date is the final divorce date? The date on the form or the end of the cooling-off period? Thank you.
They are two different dates. You are single as if the termination date but the Judgment date may be a differed date.
We haven’t been married for longer then 6 months my sister said their is a different process for me to take is this true ?
The divorce process is the same no matter how long you were married, unless you are filing an annulment.
If I am separated from my spouse for over a year and my spouse lives across the country, when I file for divorce do I still have to wait the six months or can we just agree upon everything and be done?
Also, If I file for legal separation does that start the six month clock and then when I file for divorce do I wait the remaining time or does the six month mark begin when I actually file for divorce?
Legal Separation has no 6-month timeline. The 6-month timeline is only for divorce cases. A judgment in a legal separation an often be entered within a few months after filing if the parties agree to all issues.
My soon to be exwife filed for divorce 8/15/18 and it is now 2/17/19 is there any reason my case is still active?
Your case may be active because your wife has not taken the proper steps to complete the case.
Do I need to follow up with the court or once the divorce is filed you just wait until the court gets around to it? It’s been over 8 months now. My wife and I filed for a divorce in March 2018. Date of filing was in March 2018 and date of service was in April 2018. It is an uncontested divorce. I filed the paperwork and no response was needed from her since we have an agreement in place and got it notarized and sent with the filing along with all the required paperwork outlined on lacourt.org I tried looking up the case status on lacourt.org and there’s no activity since April 2018 showing the proof of service of summons.
There are many documents that would be required by the court to finalize a divorce. I’m not sure if you have filed all of them. You may want to give our office a call to see if there is missing paperwork required by the court.
Do I need to follow up with the court or once the divorce is filed you just wait until the court gets around to it? It’s been over 8 months now. My wife and I filed for a divorce in March 2018. Date of filing was in March 2018 and date of service was in April 2018. It is an uncontested divorce. I filed the paperwork and no response was needed from her since we have an agreement in place and got it notarized and sent with the filing along with all the required paperwork outlined on lacourt.org I tried looking up the case status on lacourt.org and there’s no activity since April 2018 showing the proof of service of summons.
It does not seem you have filed all the required paperwork to get a final judgment. Give our office a call for help.
My son is a marine who was deployed for six months. When he got home his wife said she didn’t want to be married anymore and that she found her inhdependance. She left to stay with her friends. The live on a military base in California but haven’t been married a year yet and have been separated for the prior six months can this meet the six month separation or does he even have to wait six months to get divorced
There was no six-month separation requirement in order to get a divorce. The six months you are probably referring to is the timeline within which a judgment can be entered from the date of service. Please give us a call if you need help with the paperwork. There are special requirements for military divorces, even for short term marriages with no assets. You can reach us at 800 747-2780.
If an amendment is added after the six month count down has started, does it restart the clock?
The clock starts from the initial date of service, not from an amendment.
Boyfriend is currently in the 6 month waiting period for his divorce termination and single again status. We would like to get married before his termination time has ended. His divorce took place in California and we now both officially live in Utah. As far as California goes, are there any options or processes we could try, to be able to legally marry in Utah before 6 month termination happens?
No the California court judgment will specify the date the parties are single.
When asking to return to maiden name (which I have done, In Pro Per) when can I or should I change my name back with all my financial and Govt entities? Do I do it after I receive the signed Judgement, or is it after the 6 months +1 day?
You can do it as soon as the Order which changes your name is entered.
Sandy,
My boyfriend filed a joint petition summary dissolution with his ex. After 6 months it was rejected By accident because of 2 small mistakes.
He amended the petition and fixed it and re filed. Does the summary dissolution take 6 months all over again ?
Probably because there is a new Petition. Check with the court.
If we are planning to get married in nevada but he got divorced in Ca,,is the wait still going to be 6 months???
Check the termination date of marriage listed on the Notice of Entry of Judgment. He is not single until then.
I have failed for divorce 8 years ago we entered into agreement I waved my rights in his property which is in millions I just didn’t won’t nothing from him , Now I feel I have load of responsibilities on my shoulder I have 2 kids from him he is paying Small amount of child support he transferred all the properties to his older son so I can’t approve nothing on him .
Can I fail to get my share from his properties? It’s like can I go back and get what I waved !
How can I make sure that my kids get there share from his money ?
It would seem on the surface that too much time has passed but if you need legal advice I would immediately talk to an attorney!
If I filed back in 2015 but wasn’t able to get the divorce papers finalized until this month, does the 6mon waiting period to get married again start after the divorce is finalized or did it start when I first filed 3 years ago?
Without having all of the documents, I would not be able to comment.
Hello. My husband and I were married in 2011 and our marriage went down early 2016. Since then we were separated and after almost two years of silence he finally owned up and submitted the documents May 2018. He said we wouldn’t need to show up for the final judgement. I’ve been checking the court records in San Diego and I do not see any development. This is the waiting period right? Or is there any other reason why the system isn’t updated for online records? We don’t have kids or property to split and it’s Summary Dissolution of Marriage. Please advice. Thanks so much in advance.
This does not sound correct. It sounds like the paperwork was not properly submitted.
My husband filed divorced by agreement, the 6 month already passed, but we still don’t have an agreement is that means I’m divorced? Or not ?
If you don’t have an agreement and there has not been a trial, you are most likely not divorced. You can always check the court docket for status of the case. Let us know if you need help to move the case along.
I received a Notice Of Entry Of Judgment.
It says the judgment was entered on Aug 16,2018 for dissolution!
Then in a box below it says effective date of termination of marital status ia Dec 11,2018
Does this mean My Divorce is now FINAL? I plan to remarry in December! Is there any way my Ex can write a statement saying hw does not plan to appeal so i can remarry sooner. Thank you
Your termination date when you are subject is the 12/11/18 days but your case is completed as of 8/16.
What forms are needed for a true default case?
Forms required for a true default case will vary dramatically from case to case, and depend upon the issues being addressed.
Husband filed and served me through my attorney May 15 2018. We are in Ca and He’s rushing through divorce to finalize before end of 2018 due to tax advantage for him and change of tax laws come 2019. We are almost done with a 730 custody evaluation and have an upcoming trial setting conference on September 24. How likely is he able to get what he wants in terms of finalizing before 2018 ends? He suddenly is turning very amicable and wants to finalize before 2018 ends in December. Thank you.
I cannot comment on whether or not the court would be able to issue a judgment before the end of the year. I would recommend you ask your attorney.
My girlfriend filed for divorce from her ex husband. She received notice from the courts that he divorce finalizes on August 16th 2018. So then that day comes is she finally divorced? Does she need to file more paperwork? We live in Orange County, CA
Without seeing the documents, I would not want to comment.
I have my final court date on August 16. My lawyer tells me that the judge will finally rule on the allimoney agreement and finalize the divorce on that date (08-16). It’s been over a year an a half my to be ex-spouse was served. I am planning to get married with my to be spouse in Florida as soon as possible, hopefully before the end of August since I have the closing of the purchase of a home on August 30. WIll my to be ex-spouse have any legal right to this new property? In order to get a marriage license in Orange County, FL, the court asks for the date the marriage ended and a certified copy of the court decree if marrying within 30 days of the getting divorced. Will I get a document stating that I am divorced and eligible to remarry on the date the judge signs the divorce (August 16). Is August 16 my end of marriage date (date of divorced; milestone date in my life?) Or do I have to wait more time? How long?
Thank you for your help.
If you have a lawyer in your case, I would post your questions to your lawyer. He or she would be in a much better situation to answer the questions posed.
what does judgment packet received after hearing (sent to dept. 64 on 07/19/2018) mean. How long after this to receive a answer??
I would assume this refers to the final judgment documents. I cannot comment on how long the court might take to process the judgment documents.
If i wanted to dismiss the divorce how do I do that or do I have to wait…the judgement has not being filed
Contact us to review the particulars of your situation to see if we can help you with a dismissal.
i filed on 6.14.18 he sign the summons on 6.15.18 and it was filed on 7.13.18 when does the 6 month period start?
The earliest date a marriage can be terminated is 6 months PLUS 1 days after the date of SERVICE. You do not “sign” a Summons so I am not sure to what you are referring.
I read somewhere on the Contra Costa Civil/Divorce (Family court?) where it says 6 months is the norm but I know I saw something that said if there is a mental health issue, you can have the divorce done in one month. Is that the Mental Health problem of the Petitioner (me) or Respondant (Spouse?) I am stressed and she has ran a credit card up in my name while I was thrown out 5 years ago. She has a boyfriend living with her. I had a debt collecter contact me about 5000 dollars on a credit card through a box store. I take SSRI , am I qualified to have this damn marriage end in 1 month rather than 6. Sorry for expressing myself but I would like to know if this is real. also there is property between us. She is threatening to stop morgage payments. 2 payments skipped and my FICA has been dropped 200 points.
I am not aware of any California process to shorten the time period for the divorce as set by California law. Feel free to talk to an attorney if you need legal advice. If you just need help with the paperwork, please call us at 800-747-2780.
i got leave to file a first amended complaint which included marital tort and the new petition was substantially longer. It was agreed to by all parties and counsel. The first amended petition was served and no answer was filed and no demur and the clerk entered a default on the first amended petition. No contest has happened but the head judge won’t give me a default judgment and states that the answer filed 6 years ago was still an answer. The answer actually addresses nothing at all in the new petition. What do I do?
Yo might want to talk to a lawyer.
Good Morning Sandy, My daughter filed in January, her spouse filed a response. The 6 months has passed, what does she do next?
Are they able to reach an agreement on the issues? Have her give us a call.
My 6 month waiting period was on June 5. Are we going to receive some sort of paperwork telling up it is completed? Are we required to go the the family resolution conference set for October?
You should get a Notice of Entry of Judgment. If you haven’t gotten that you are probably not divorced.
Quick question, if I received the final judgment of dissolution paper work with a termination date of 8/27/18 and on the paperwork it states that I will be restoring my name back. Once I get my certified copies, would I be able to change my last name already or would I have to wait until the termination date passes. I asked social security office and they said they only need the certified paperwork and wasn’t sure of the future termination date because it is not on their rules. I asked the family law assistance line but they said they didn’t know but they think it’s until the divorce is final. Not sure what I can do or if it’s illegal in anyway to just got ahead and request to restore my name.
I would suggest submitting the request and see if it is approved.
If me and my husband filed a dissolution of marriage and everything was done February, we are just waiting for the 6 months to pass, the marriage is to be terminated in August. Can he stop the dissolution alone?
It would depend upon what type of proceeding you filed. We would have to look at your paperwork.
I filed for divorce and served my husband over half a year ago. However, I had to amend the petition and had to serve him again about a month ago. Does the 6 month waiting period start all over again?
Thank you.
Not usually. The 6 months usually starts from the date of first service.
We filed for divorce in October and judgement entered on January 21, 2018. My end of marriage date is May 9, 2018 but my husband said he submitted the paperwork to withdrawal the marriage on May 2, 2018. He was the petitioner. However, I do not want to reconcile. Will this stop the divorce proceedings?
Thanks
Did you file a Response? We are missing factual procedural information. You may want to call the office at 800-747-2780.
If we were married in California. Married 31 years but the last four years of the 31 years I’ve lived in Arizona. Estranged spouse lives in California. Can I file in Arizona and have the marriage disolved according to Arizona laws?
Perhaps but I do not know Arizona law. More importantly, it may be problematic regarding jurisdiction over your spouse regarding property division and debt division.
The judge did the final judgment and it hasn’t been 6 months but we want to work it out now. can we stay married?
Contact our office if you want to file documents to cancel the proceedings. 800-747-2780.
i was told that i could not canel the divorce now that a judgment was made. i would love to hear from u
You may be able to dismiss a case if the termination date of the marriage has not passed. If you need legal advice, talk with an attorney. Call our office if you just need help with the paperwork.
If a divorce/legal sep was filled almost 8 years ago (the wife had a lot of substance use issues, couldn’t hold a job and needed rehab so he stayed didn’t pull the trigger because she needed the coverage of health insurance, husband sent her to school to obtain job, etc…) and then the papers were finally submitted to finalize the divorce (moved counties so it had to be closed and reopened in another county) does the 6 month rule still apply or is it retroactive. It is uncontested.
The 6 month timeline starts from date of service.