The Six-Month Divorce Waiting Period — FAQs

How long does it take to get a divorce in california with the mandatory waiting period? At minimum six months and one day from the date the respondent was served. Fast divorce california is impossible in under six months regardless of how cooperative both spouses are. Quickie divorce does not exist in California — unlike some states that allow no-waiting-period divorces, California's six-month period is mandatory and cannot be waived. How long will it take to get a divorce if both parties agree on everything? Seven to twelve months is typical for an uncontested divorce — six months from service plus time for paperwork processing. How long does take to get a divorce when one party is uncooperative? 18 months to three years or more for a fully contested case. Contested vs uncontested divorce time difference: uncontested cases can be finalized shortly after the six-month clock expires; contested cases may take years to reach a final judgment. Divorce in california laws on the waiting period: Family Code section 2339 prohibits the court from entering a final judgment of dissolution before six months have elapsed from service of the summons — this cannot be waived, shortened, or avoided. Summary dissolution california has the same six-month waiting period — it is just administratively simpler to complete. Can you date while legally separated in california? You remain legally married until the judgment of dissolution is entered — dating during the waiting period is not illegal but may have legal implications in certain circumstances.

Uncontested divorce california through a default: if the respondent does not file a Response within 30 days of service, the petitioner can request a default and proceed to judgment after the six-month waiting period. Default divorce in california still requires the six-month wait — the default simply means the respondent has lost their opportunity to contest the terms. How long does it take to divorce through a default proceeding? Approximately seven to nine months from service — the six-month waiting period plus processing time. Divorce law news and california custody law news: no recent changes to the six-month waiting period requirement. Divorce settlement news in california: most California divorces settle before trial — approximately 95% of family law cases settle through negotiation or mediation.

Disclaimer: The information provided in this article is for general informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship between you and Furubotten Law, APC. Every legal matter is unique, and general information cannot substitute for advice tailored to your specific facts and circumstances. If you have a family law matter in California, you should consult with a qualified California family law attorney before taking any action. Denise Furubotten, Esq. and Furubotten Law, APC practice law in the State of California only.

By Denise Furubotten, Esq. · March 2026 · California Family Law

California's 6-Month Divorce Waiting Period — What It Means and How to Use the Time

California law imposes a mandatory six-month waiting period before a dissolution of marriage judgment can be entered. This waiting period is one of the most frequently misunderstood aspects of California divorce — both what it requires and when it starts. Understanding the waiting period correctly sets accurate expectations and allows you to use the time productively rather than simply waiting for the clock to run.

What the Waiting Period Is

Family Code §2339 provides that no judgment of dissolution of marriage shall be entered until six months have expired from the date of service of a copy of the summons and petition on the respondent, or the date of appearance of the respondent, whichever occurs first. The waiting period is mandatory — it cannot be waived, shortened, or avoided by agreement between the parties or by court order. Even if both spouses agree on every issue and have a complete, signed settlement agreement, the judgment cannot be entered until six months have passed from service.

When the Clock Starts — Service, Not Filing

This is where many people are surprised: the six-month waiting period runs from the date the respondent is served with the summons and petition — not from the date the petition is filed. If you file the petition in January but do not serve your spouse until March, the six-month period begins in March, not January. The earliest possible date for a dissolution judgment is six months and one day after service of the petition.

For petitioners who want to finalize the divorce as quickly as possible, this means serving the respondent as soon as practicable after filing. Delay in service extends the total timeline.

The Waiting Period Does Not Require Waiting to Resolve Issues

The six-month waiting period runs on marital status — it is the minimum time before the court can declare the parties single. It does not mean that property, support, and custody issues cannot be resolved during that period. Parties may negotiate, mediate, and finalize a complete marital settlement agreement within the first week after filing, and that agreement can be approved by the court — but the judgment dissolving the marriage will not be entered until the six-month period concludes.

In practice, this means that couples who reach agreement quickly can have everything resolved long before the six months expires — and the judgment is simply entered when the waiting period concludes. This is the optimal scenario for a clean, efficient dissolution.

Bifurcation — Restoring Single Status Early

Courts may bifurcate the dissolution — entering a judgment restoring the parties to single status before all other issues are resolved — under specific circumstances. Family Code §2337 allows a court to sever the issue of marital status from other issues and grant the dissolution of the marriage even while property, support, and custody remain pending. Bifurcation requires the party seeking it to protect the other party's potential right to pension, retirement, and other benefits that would be affected by the dissolution of the marriage before the property issues are resolved. Bifurcation is most common when one party wants to remarry or when tax filing status benefits from restored single status.

How to Use the Six Months Productively

Rather than simply waiting, use the six-month period to: complete financial disclosures and discovery; negotiate and finalize the marital settlement agreement; obtain appraisals of real property and business interests; work with QDRO specialists to prepare retirement account division orders for simultaneous submission with the final judgment; resolve temporary custody and support arrangements; and address any urgent issues through temporary orders. A case that is fully resolved at the six-month mark — with a complete judgment package ready for submission — finishes as efficiently as California law allows.

Serving Orange County and Riverside County Clients

Furubotten Law, APC guides clients through every phase of the California divorce process, using the waiting period productively to resolve issues efficiently. Call (714) 795-3862 to discuss your case.