6 Month Divorce Waiting Period : What If You Have Been Separated For Years?
Hey, Tim Blankenship here with divorce661.com, today we are talking about long term separations, mean you’ve been separated from your spouse for a long time just you’ve never filed for divorce, and then we’re also talking about how that works in relationship to the 6 month cooling off period with divorce.
So, a lot of the divorce cases we handle we have very, very long term separations, 5 years, 10 years, 20 years and for a variety of reasons people don’t file for divorce right away, maybe they think everything is fine or they forget or a lot of time people file for divorce and never finalized their divorce.
So, the question I get when that’s the case is Tim, do we have to wait the 6 months since we’ve already been separate for 10, 15, or 20 years and the answer is yes. The 6 month cooling off period doesn’t start at the date of the filing of your divorce.
It starts at the date of service of the petition, that is what is the jurisdiction date of your divorce case. So, even if you’ve been separated, physically separated for like in this case 10 years, we have to start afresh, start the filings, file the divorce case, serve the other party and that starts the clock.
So, the answer is it doesn’t matter how long you’ve been separated, it does not circumvent the fact that you need to wait the 6 months from the date of service of your California divorce, filing and service.
Tim Blankenship, dirovce661.com, hope that tip was helpful, give me a call if you need help with your divorce anywhere in California 661 281 0266 or go to divorce661.com for more information. Thanks so much for watching.
