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Divorce Waiting Period in California

In California, a divorce judgment cannot become final to end the marriage until 6 months after the respondent is served or appears, and no separation period is required.

Last checked . General information, not legal advice.

California at a glance

Waiting period
6 months after service
Runs from service of the summons and petition or the respondent's appearance, whichever comes first. The court can extend it for good cause.
Separation required
No
Irreconcilable differences that caused the irremediable breakdown of the marriage are a ground for dissolution.

Sources

Last checked

The rules in California

How long is the waiting period before a divorce can be finalized in California?

Waiting period in California: 6 months after service. Runs from service of the summons and petition or the respondent's appearance, whichever comes first. The court can extend it for good cause.

Do spouses have to live apart before a no-fault divorce in California?

Separation required in California: No. Irreconcilable differences that caused the irremediable breakdown of the marriage are a ground for dissolution.

Where do the California divorce waiting periods come from?

The rules above come from Cal. Fam. Code 2339 and Cal. Fam. Code 2310. Each source is linked on this page. We last checked them in October 2026.

What this means in practice

A waiting period is a minimum, not an estimate. Contested issues such as property division, support or custody, court schedules and missing paperwork can make a divorce take much longer than the statutory minimum.

Separation rules can depend on how the state defines living apart. Some states count time spent separated under the same roof, while others require separate homes. Keeping a record of the date the separation began, such as a written separation agreement or a lease, can help show when the period started.

Spouses can often use the waiting period to negotiate a written settlement covering property, debts, support and parenting time. A settlement agreement that is ready when the waiting period ends can help the court finalize the divorce sooner, and a local attorney can confirm the filing requirements.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.