This is one of the most commonly misunderstood areas of divorce law in California. Some people believe it means you cannot file for divorce unless you have been separated for six months first. It does not. Others believe it means that your divorce WILL become final six months after it is filed. It does not mean this either.
The Six month rule is located at Family Code Section 2337 (www.leginfo.ca.gov).
What it actually means to parties is the soonest your divorce MAY become final is six months and one day after the Respondent (the party not initiating the divorce by filing) is served with the Petition (the paper used to start the divorce process). However, there are many other procedural hurdles that have to be overcome before your divorce can be granted in this time frame. Also, the six month rule only deals with the termination of the marital status, that is returning the parties to the status of single people. The six month rule has nothing to do with the conclusion or resolution of other issues such as child custody, child support, spousal support (alimony), or property division (www.coronalaw.com).
As a practical matter, most contested cases cannot possibly be finished in six months in their entirety, therefore, it is possible to file a Motion to Bifurcate the Marital Status from the other issues, allowing a party to become single before the final resolution of the remaining issues. This may allow a party to remarry, or simply cut the emotional ties to the failed relationship. This subject, however, has a series of conditions and concerns related to it which are the basis of another discussion.
For more information, contact us at pcdesk@coronalaw.com or at (951) 734-6371.
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