The divorce process can vastly differ across various state lines based on the laws. Some states require couples to separate before divorcing, while others do not have such requirements. This may lead you to wonder if and how long do you have to be separated before divorce in California.
This is exactly what we will discuss below, so read on if you are thinking about a divorce.
How Long Do You Have to Be Separated Before Divorce in California?
In the state of California, there is no required separation period before couples can file for a divorce. You or your spouse can file a petition in your jurisdiction the same day you decide.
While there is no required separation period, there is at least a six-month waiting period for the courts to finalize the divorce case. According to California law, the six-month counting period starts when the respondent is served with divorce papers.
If you are the spouse who files for divorce, your six-month period will start when you have the Petition for Dissolution, and the Summons served to your spouse. The period may also start from the day your spouse responds (files their first paper), whichever is earlier.
It is essential to have reliable legal representation during this emotionally charged period that guides you through the complex legal system in California.
At Moore Family Law Group, we take pride in making the divorce process easy and smooth for our clients. Contact us, and our expert family law CA lawyers will be in touch with you.
Duration of separation before divorce
You are not legally required to spend a certain period separated from your spouse before you may file for a divorce. Instead, you may file with the family law court in your county of California to start the divorce process whenever you want.
Once the divorce process starts, the earliest time frame within which the California courts may finalize the process is six months, as stated under California’s Family Law Code 2339. You and your spouse may or may not live together during the six-month waiting period because there is no required physical separation period.
Most often, California divorces take longer based on each case’s complexities. There are several factors influencing the duration of the divorce process, including:
- Meeting the residency requirements
- If the divorce is contested or uncontested
- Issues regarding child custody, spousal support, and property division
- The court’s workload
- Parties who are self-represented tend to take longer due to the complexity and quantity of forms, their lack of knowledge of family law, California civil procedure, and local county, and courtroom rules
How long do you have to be separated before divorce is automatic in California?
You may have heard that there is a possibility of an automatic divorce after a long separation in California. We are here to tell you that this is nothing but a myth. Divorce is never automatic.
You must take formal action to terminate your marriage legally. If neither you nor your spouse ever file for a divorce, you remain legally married no matter how long you’ve been separated.
The confusion about this most likely stems from misunderstanding the differences between legal separation and dissolution of marriage. While both provide couples a way to separate with a binding agreement, you’re still legally married with legal separation.
Alternatives Before Divorce
If you and your spouse are considering getting a divorce but are still unsure if you want to go through with it, you can consider alternative methods. For example, you may seek mediation or decide to seek legal separation.
Legal separation
Legal separation is suitable when you and your spouse either don’t want to or cannot get legally divorced. Legal separation provides couples waiting to meet Califonia’s residency requirements with a way to separate property and finances legally.
Also, you can file for legal separation if you do not want to get a divorce due to personal beliefs, religion, health insurance, or financial reasons. When you file for a legal separation, you may ask the court to make legal orders about the following:
- Division of finances and property
- The responsibility for paying debts
- Spousal support
- Child custody and visitation
- Child support
- Who will pay lawyer fees
If you choose legal separation, you must understand that you still remain legally married in the eyes of the law. This means you cannot marry someone else, but you may amend the petition to ask for a divorce.
Mediation
Another way to try to work out your differences before getting divorced is through mediation. Both spouses sit with a neutral third-party mediator during private mediation to settle on divorce, custody, and property division issues. It is important to remember that the mediator does not represent either you or your spouse. This means they remain impartial to facilitate negotiation and navigate the process of reaching a global settlement of all issues.
Dissolution of Marriage: Finalizing a Divorce in California
For a divorce to be finalized in California, a judge must sign your Judgment and issue a Notice of Entry of Judgment (form FL-190)).
These forms will include all the orders made during the divorce process and the settlement agreement (if you have one). The court will ensure that all the forms and documents are included.
After they confirm everything provided is procedurally correct, the court will determine the date marital status is terminated and the Judge will sign the Judgment. Your marriage is legally over on the date stated in the Judgment and you are deemed a single person.
If you are going through an uncontested divorce, you may get your divorce finalized once the cooling-off period runs; six months and one day. If your divorce is contested, then the divorce process could last for years.
Conclusion
How long do you have to be separated before divorce in California? As we mentioned above, California does not require couples to be separated before filing for a divorce.
You can file with your local California court the same day you and your spouse decide to get a divorce. Even though there is no separation requirement before you file, there is a six-month waiting period until the court finalizes your divorce.