What Is the 6-Month Waiting Period?
California Family Code Section 2339 establishes a mandatory 6-month waiting period before any divorce can be finalized. This means that from the date your spouse is served with divorce papers (or from the date you both file jointly), at least 6 months must pass before the court can issue your final divorce judgment.
When Does the Clock Start?
The 6-month period begins on the earliest of these dates:
- The date the Respondent (your spouse) was served with divorce papers
- The date both parties filed a joint petition
- The date the Respondent filed a response to the petition
Why Does California Have This Requirement?
The 6-month waiting period serves several important purposes:
Cooling-Off Period
Gives couples time to reconsider and potentially reconcile before the divorce is final.
Time to Negotiate
Provides time to work out property division, custody arrangements, and support agreements.
Fair Process
Ensures both parties have adequate time to understand their rights and gather necessary documents.
Financial Planning
Allows time to organize finances, close joint accounts, and establish separate financial lives.
Can You Waive or Shorten the Waiting Period?
No. The 6-month waiting period is mandatory and cannot be waived, shortened, or expedited for any reason—even if both parties agree and the divorce is completely uncontested. There are no exceptions to this rule in California.
No Exceptions
Even in cases of domestic violence, emergency situations, or mutual agreement, the court cannot finalize your divorce before the 6-month period expires.
What You Can Do During the Waiting Period
While you wait for your divorce to be finalized, you can take important steps to prepare for your post-divorce life:
Complete All Required Paperwork
Work with a Legal Document Assistant to ensure all forms are properly completed and filed with the court.
Negotiate Settlement Agreements
Reach agreements on property division, child custody, spousal support, and other important issues.
Separate Finances
Open individual bank accounts, remove your name from joint credit cards, and establish your own credit.
Update Estate Planning Documents
Revise your will, trust, power of attorney, and beneficiary designations to reflect your new circumstances.
Prepare for Co-Parenting
If you have children, establish communication patterns and parenting schedules that will work post-divorce.
Secure Housing and Employment
Find a new place to live if needed, update your employment records, and plan your budget for single living.
When Will Your Divorce Be Final?
Your divorce becomes final on whichever date comes last:
- 6 months and 1 day after service of the divorce papers, OR
- The date the judge signs your Judgment of Dissolution
Once your divorce is final, you are legally single and free to remarry. The terms of your divorce judgment become enforceable, including property division, custody arrangements, and support orders.
Need Help with Your Divorce Documents?
By The People® can help you prepare all the necessary divorce paperwork correctly and affordably. We serve San Luis Obispo and Santa Barbara Counties.