As a no-fault state, California allows you to get a divorce without providing a reason beyond irreconcilable differences. But how long do you have to be separated before divorce in California? Is there such a rule?
Read on as we explore California’s divorce requirements and how long it will take for your divorce to be finalized.
How Long Do You Have to Be Separated Before Divorce in California?
Some states have a legal requirement for couples to be separated for a certain period before being able to file for a divorce.
But California is not one of them. There is no period of separation required before filing for divorce. If you and your spouse decide to file for divorce, you may even start the divorce process on the same day.
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Duration of separation before divorce
While the divorce laws in California allow you to file for divorce whenever you want, there is what’s referred to as a “six-month waiting period.” This means that your divorce cannot be finalized until at least six months after one spouse serves divorce papers on the other.
You are not required to separate during the six-month waiting period. In fact, a couple can even remain together in their house until their divorce is finalized.
For some couples, the best course of action may be to live together without going through a formal separation because it might be challenging to manage costs on your own or agree on things like child custody. However, if they you to separate from your spouse during the divorce process, any spouse can do so.
Legal separation
What many people do not realize is that in California, going through a legal separation is almost the exact same process as going through a divorce.
Before you can legally separate, you need to reach an agreement on all the same issues you would in a divorce:
You may put everything you decide on in a settlement agreement that you must file with the court. This is because a judge must approve and sign off on a legal separation, just like a divorce..However, you must remember that legal separation does not mean you are legally divorced. In California, you are not allowed to get remarried after a legal separation unless you go ahead and get a full divorce. You may also continue filing taxes as a married couple and sharing health insurance.
Another difference between legal separation and divorce is that there is no waiting period with legal separation. As soon as your documents are approved by the court, your legal separation becomes official.
How long do you have to be separated before divorce is automatic in California?
If you are wondering if there is an automatic divorce after long separation in California, the answer is no. Divorce is never automatic. You or your spouse must file for a divorce to start the process officially.
However, if you have started the process and have served your spouse with divorce papers without them filing a response, you may file for default divorce (Request to Enter Default form FL-165).
The judge may finalize the divorce process even without the input of your uncooperative spouse.
Resolving Disagreements
Whether you’re getting divorced or going through a legal separation, you will need to work out a full agreement with your spouse. A great method for resolving disputes and assisting you and your spouse in reaching decisions about your divorce that you can both agree on is mediation.
If you choose mediation, a qualified mediator will assist you and your spouse in identifying the core of your disagreement’s problems and lead you toward a resolution.
This impartial third party is not authorized to make decisions on your behalf. The mediator’s only role is to assist in guiding discussions constructively. Couples have complete control over the decisions made during mediation.
Marriage Dissolution – Finalizing a Divorce in California
In California, divorce can typically be finalized in six months, particularly in uncontested cases where spouses opt to handle the process without legal representation and file the paperwork themselves.
On the other hand, in contested divorces, the process may last for years until a resolution is reached. Also, if you decide to involve attorneys, they may drag out the process, putting a significant financial strain on you and your spouse.
Source: shutterstock.com/ Photo Contributor: fizkes
Conclusion
How long do you have to be separated before divorce in California? California does not require spouses to be separated before being able to file for divorce. However, once you start the divorce period, the earliest the courts may finalize your divorce is six months.
