Every divorce and domestic partnership dissolution has its own set of unique facts and follows its own timeline. However, every couple who is filing for divorce or dissolution of a domestic partnership must adhere to California’s divorce law which mandates a six month waiting period.
California family law courts strictly adhere to this divorce waiting period. No exceptions or avenues to shorten the waiting period are allowed. However, this 6-month waiting period does not generally impact contested, complex or high net worth divorce cases. The reason being that these types of cases generally involve drawn-out debates over child custody, property and asset division, which take more than six months to resolve.
In addition, the date the divorcing couple separates does not impact the calculation of the six month waiting period. The clock starts running on a California divorce as soon as the divorce papers are filed and the proceedings begin. In other words, the six month deadline starts either after the date of service of a copy of summons and petition or the date the respondent appears in the lawsuit, whichever comes first.
California Residency Requirement for Divorce Proceedings
Before either spouse can file for dissolution of their marriage or domestic partnership in the State of California, they must prove that they meet the state’s residency requirements. If they fail to do this, it can result in the significant delay of their divorce proceeding. The law requires that at least one party has resided for six months or longer in California before filing for divorce. The party must also be a resident in the county the divorce is filed in for at least three months prior to the filing.
Hire an Experienced Divorce Attorney
Filing for divorce or dissolution of a domestic partnership can be frustrating and challenging for all parties involved. To ensure that the process proceeds as smoothly as possible and to reduce the stress involved, it is best to hire an experienced Central Valley divorce attorney to handle the proceeding. You should at least consult with an attorney you trust as soon as you start thinking about filing for divorce. The sooner you hire an attorney, the less stressed you will when the divorce proceeding actually starts.
Contact an Experienced Central Valley Divorce Attorney
To learn more about the divorce waiting period or any other issues pertaining to a California divorce process, you should call Central Valley family law attorney Gurjit Srai. Mr. Srai has the knowledge and experience to help you successfully file for divorce.
For more information or to schedule a complimentary consultation with one of our divorce attorneys, please call us at (209) 323-5558, or complete our online form.