What is the six (6) months and one (1) day rule for divorce in California?


In California, the “six months and one day” rule refers to the minimum waiting period required before a divorce can be finalized. Once the divorce petition is filed and served to the other party, there must be a waiting period of at least six months and one day from the date the respondent was served before the court can finalize the divorce.

This waiting period is designed to allow time for both parties to fully consider the decision to dissolve the marriage and potentially attempt reconciliation or seek counseling. It also provides an opportunity to address important matters such as property division, child custody, support, and any other issues related to divorce.

It’s important to note that the “six months and one day” waiting period is a minimum requirement and does not mean the divorce will be automatically granted after this time.

The actual duration of the divorce process can vary depending on various factors, including the complexity of the case, the completion of the discovery process, court availability, and the parties’ ability to reach agreements on key issues, among other factors.

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