6 Month Cooling Off Period | Santa Clarita Divorce
The question we get a lot at Divorce661 is regarding the 6 month cooling off period when it comes to divorce in California.
The question specifically is “do we have to wait the 6 months if we have already been separated for a period of time?”
It makes sense to me also that if you have been separated, say for 6 months or longer the chance of you reconciling with your spouse are probably dwindling.
Why The 6 Month Cooling Off Period Exists
That is the whole point behind the 6 month cooling off period in California. They want to provide an opportunity for the spouses to get back together before the divorce is finalized.
So why make couples wait if they’ve already been apart for as long as the court would require them had they still been living together.
Some of our clients have been separated for years, some as long as 20 years before filing for divorce.
This happens for a variety of reasons…
But to answer the question, Yes – you still have to wait the 6 months even if you have been separated.
The length of separation has no bearing on the final divorce date.
What starts the 6 months is the filing of the divorce and then the actual date that paperwork is SERVED.
How To Finalize Your Divorce Faster
So if you are in a hurry to have your divorce finalized, the best thing you can do is have the divorce paperwork served shortly after you have filed it.
What I tell our clients who find themselves in this position is that it has already been XXX number of years since they’ve been separated, what is another 6 months going to matter.
It really doesn’t, but I get it – once you decide it is time to file for divorce, you want it over and done with as quickly as possible.
