Why Does California Make You Wait For A Divorce?
California Law imposes a 6-month waiting period before you can get divorced. One of the primary reasons this became the law is to ensure that one or both parties have decided that the marriage is truly over. The court wants to make sure that you have exhausted all possible options to save the marriage before you proceed with the divorce. Therefore, if there is a hearing, the court will ask questions such as whether you have tried marriage counseling or if there is any possibility for the marriage to be saved. The court wants to make sure that the decision to get a divorce is not a hasty one.
The 6 Month Waiting Period Allows Time to Meet All Requirements
Another reason for the wait is that it takes time to put together all the documents needed for the divorce to be granted. For example, there is a financial disclosure requirement that is very important during the divorce process. This requirement often takes clients at least a month to complete, sometimes longer. Therefore, it takes at least six months or more to meet all the requirements before a divorce can be finalized.
The 6 Month Waiting Period Prevents Rushing or Pressuring Someone
It is important to not rush the divorce process. Divorce is a major life decision, just like getting married. Rushing the process can lead to poor decisions, regret, and produce negative aspects for you and your spouse that can linger long after the paperwork is done. It is vital not to pressure one party to rush the divorce process. You should have ample time to make informed decisions and ensure that you are making the right choice. Whether it be in terms of child custody, support, property division or division of retirement accounts, these are important decisions that need to be thoroughly reviewed and understood before you decide exactly what to do.
Overall, the wait time for a divorce in California is not just a bureaucratic hurdle, but rather an intentional and necessary process to ensure that both parties are making informed decisions and that all legal requirements are met. Divorce is a significant life event that should not be taken lightly or rushed, and California’s approach helps ensure that both parties can make the best decision for themselves and their families.
Talk to an Experienced Los Angeles Divorce Attorney and Mediator
Lynette Kim is a Los Angeles Divorce Attorney and Mediator. Her many years of experience will help you to move through the divorce process easily and without unnecessary delays. Her office is located 3701 Wilshire Blvd, Suite 508, Los Angeles, CA 90010. For more information call 213-351-1000.
Compassion for my clients is important to me, and that’s why I’ve remained a family law practitioner for 30 years — and still love what I do. I’m keenly aware of the emotional toll divorce can have on you and your family. As you navigate the rough waters of transition, my team and I will help you find your balance. We’re here to support you in making the best decisions for your future. I’ve seen the positive results again and again when couples embrace meditation or collaborative divorce. I’d be honored to share these practices with you and set your family on a healthy path.
