Sometimes we get a call from an individual asking for a \u201csame-day\u201d divorce.\u00a0 Better yet, we get a call back from a prospective client saying they\u2019ve found another attorney who can give them a one-day divorce.\u00a0 Putting this deceptive marketing tactic from unscrupulous attorneys aside, a divorce cannot be finalized in one day.\u00a0 Despite what these callers are led to believe, there is no one-day divorce that results in your marriage terminating tomorrow.\u00a0 Rather, a divorce may be filed and the other spouse served, but in California, there is a six month waiting period required by statute<\/a> before any divorce can be finalized.\u00a0 <\/p>\n\n\n\n Most\ncouples in California can be divorced in 6 months plus one day, but it all\ncomes down to the date of service. The courts in California use the 6-month\nperiod as a cooling-off period. It provides the couple the opportunity to\ndismiss the divorce should they wish to reconcile and continue the marriage. <\/p>\n\n\n\n Before you make a final decision on your marriage, it is best to consult with a local divorce attorney<\/a> who can help you understand your rights and responsibilities. This can be helpful especially if you and your spouse have children or marital assets. <\/p>\n\n\n\n In\nCalifornia, a divorce is officially started when you file a petition for\ndivorce in court. The 6-month waiting period (plus one day) is the earliest\ndate the couple can be considered legally divorced. This is also the earliest\neither spouse can remarry.<\/p>\n\n\n\n Submitting\nthe documents correctly to the court can save you time, frustration, and money.\nIf you are unsure what documents need to be filed, contact a Sacramento family\nlaw attorney. <\/p>\n\n\n\n There\nare two things that are important to understand when it comes to timelines in separation\nand divorce. The first is that you do not have to be separated six months (or\nany length of time) to file a petition for divorce. Please keep in mind that a\nlegal separation and a divorce are two separate actions. Your marriage can only\nbe terminated by a divorce (or annulment).<\/p>\n\n\n\n The second is that the time you were separated does not count toward the 6-month waiting requirement before a divorce can be finalized. Accordingly, even if you were separated for years, the clock does not start ticking until you file a petition for divorce in family court<\/a> and serve the other party. You will also need to prove that the service was handled correctly by providing proof of service to the court. <\/p>\n\n\n\nThe 6 Month Rule<\/h2>\n\n\n\n
The Divorce Timeline in California<\/h2>\n\n\n\n
Time of Separation Does Not Count<\/h2>\n\n\n\n