After making the decision to divorce, you might have to face several obstacles, such as the “6-month rule.” What is the 6-month rule for divorce in California?
Let’s look at this rule in-depth and see how it impacts couples’ divorce in the state.
The 6-Month Waiting Period
If you have made the decision to divorce, there is some bad news. In most cases, you cannot immediately end your marriage. In the state of California, there is a six-month waiting period to finalize the dissolution of marriage. Most couples will have to wait after filing for divorce before the court can officially grant the divorce.
When does this period begin? The clock will start from the date the divorce petition is served to the other spouse. While many may consider this waiting time inconvenient, you may want to use these months to agree on several key issues.
What Is the Waiting Period?
The waiting period serves several purposes. This pause allows both parties to reflect on their decision to end the marriage. Couples have an opportunity to consider the implications of deciding to divorce.
This period gives the couple a chance to reconcile as they work on their marriage rather than go through the divorce process. Sometimes, decisions can be made in anger. With a mandatory waiting period, the legal system discourages divorces driven by intense emotions or impulsivity. This allows everyone to approach the process of divorce with a clearer mindset.
What To Do During This Period?
During this time, you may want to take a few steps to make sure you want to proceed with the divorce. If you and your spouse are willing, you may want to attend counseling sessions to explore the possibility of reconciliation. You can use this time to address underlying issues and improve communication.
Mediation can help reach an amicable separation if reconciliation is not an option. A neutral mediator can help you avoid a contentious court battle.
However, you may also want to use this time to settle a few other matters. With the divorce, you will have to consider the options for property division and child custody. During this period, discuss the division of assets and debts. Hopefully, you can reach an agreement that does not require court intervention.
Also, think about your child custody arrangements. You and your spouse can focus on an agreement that prioritizes your child’s best interests. Use this time to decide on custody schedules, decision-making responsibilities, and child support agreements.
This might be a great time to get other affairs into order, such as paperwork. You may want to collect documents related to income, assets, and debts. If you have any prenuptial agreements, previous court orders, or other legal documents, keep those in a safe spot because you will need them.
When proceeding through a divorce, you will want to seek legal advice. Take this time to consult with a divorce attorney to understand your rights and obligations. Along with that, you may want to work with a financial advisor to help with budgeting, understanding tax implications, and planning for long-term financial stability.
Don’t neglect your emotional health. Divorce can be a stressful and emotional process. You may want to seek support from friends, family, or even a mental health professional. A support system can help during these challenging times.
Get Help During This Waiting Period
What is the 6-month rule for divorce in California? This gives you time to reevaluate your decisions. After a few months, you may want to reconcile with your spouse or proceed with the process.
If you are ready to move forward or have any questions, reach out to Roberts & Zatlin Law Office. Our team is here to assist with your divorce case. To schedule a consultation today and receive a free initial assessment of your case, please call (951) 381-8147 today.