The 6-month rule for divorce in California stipulates that at least six months must pass from the time a divorce petition is served before a court can finalize the divorce.
Getting a divorce in California Getting a divorce takes at least 6 months. There are 4 major parts of the process and they are the same for couples who are married and for those in a domestic partnership.​ It's the same process to get a legal separation.
To start a divorce or legal separation, you begin by filling out two court forms: a Petition and a Summons. If you and your spouse (or domestic partner) have children together, you will also need to fill out at least one other form about your children.
Dissolution may be the better option if: You both are in agreement that the marriage simply isn't working. You both feel that no one, in particular, is at fault. Dissolutions are often called no-fault divorces.
A summary dissolution is a simpler way to end a marriage or domestic partnership for couples who qualify and are able to work together. A summary dissolution becomes final 6 months after you file with the court. This shows the basic process.
Fraudulent marriage: If your spouse committed fraud to marry you, you must file for an annulment within four years from the date you discovered the fraud. Unsound mind: If either party were of an unsound mind at the time of the marriage, you could file for annulment at any time before either you or your spouse die.
5 Things to Ask for in a Divorce Settlement Agreement A Fair Share of Assets. The longer you and your partner were married, the more marital assets you likely accumulated during the marriage. Child Support and Alimony. Retirement and Investment Accounts. Property and Debt. Marital Home.
Sometimes, one spouse wants the divorce while the other refuses to cooperate. A spouse's refusal to consent to a divorce or sign the paperwork will not, however, halt the process. Couples in California can dissolve their marriages with or without both spouses' consent to the divorce.