Most people going through divorce want it to happen as quickly and as easily as possible. You should know that, even if you divorce is without litigation or arguments, there is a six-month waiting period in California. And that 6-months is not definite. Even if your case is straight-forward, it won’t necessarily be solved in those six months.
WHY THE REQUIRED SIX MONTHS TIME?
Six-months is the earliest point that a court can restore your status to “single.” This is essentially what “divorce” means – legally changing all of your paperwork from “married” to “single.” There is no “automatic” switch that can be flipped to get this done. Until this has been completed through the legal system, you are not able to remarry. You will also still be required to file your taxes together.
WHEN DOES THE SIX MONTHS START?
You “six months” starts when eithis you or your spouse receives the Divorce Petition. Eithis you or your spouse will need to file the Divorce Petition with the court. Once this is done, you will need to wait six months. At that point you are eligible to request that your “married” status be terminated.
Any additional issues that need to be resolved, such as division of assets, alimony, or child custody might increase the six month period. Often times, those additional issues create a need for more time to resolve and come to an agreement. This can equate to time in court, or lengthy negotiation processes that only add to length of the divorce process. And even if there are no “additional issues,” you will still need to wait the entire six month period for the divorce to be granted.
For advice on divorce, you need the expert law firm of (619) DIVORCE, APC.. Schedule a consultation today.
San Diego, CA 92101
Phone: (619) 431-3131