6-month Cooling Off Period and Summary Dissolution

One of the first questions we receive from our clients is: “What’s the earliest date my divorce is finalized?” The short answer is 6 months from the date of serving the petition for divorce to your spouse. For the detail-oriented, Family Code 2339(a) states, in pertinent part, that “no judgment of dissolution is final for the purpose of terminating the marriage relationship of the parties until six months have expired from the date of service of a copy of summons and petition or the date of appearance of the respondent, whichever occurs first.” This six months is known as the “cooling-off period”, which was enacted to give a couple time to reconcile their differences and potentially remain in the marriage.  Others may use this time period to hire an attorney or talk to their spouse about the details of the divorce, such as property division and/or child custody and visitation, before entering into an agreement for the divorce.

What about that other part in FC 2339(a) that states no judgment is final until six months have expired from the date of service… OR the date of appearance of the respondent, whichever occurs first? That date of appearance of the Respondent does not mean that your spouse actually appeared in court, but actually means the date in which your spouse filed a formal Response form with the court.  If you desire to start the 6-month time period as soon as possible, make sure you serve the divorce papers to your spouse as soon as possible, or have your spouse file a Response with the court as soon as possible.  The 6-month period begins at the earlier date of those two events.

Note: this cooling off period does not preclude a couple from being “separated.”  A couple may separate before the petition for divorce has been filed. The separation date may affect the distribution of assets and debts for the couple, so speak with an attorney if you are unsure if you are separated or not under California law.

The 6-month period only refers to your marital status.  You can still complete the divorce process in less than 6 months and have agreements in place on custody, support, property, etc..  Once you have your documents and divorce agreement completed, you can submit your judgment to the court.  Submitting a proper Judgment is complex and Judgments are often rejected by the court for not following the proper procedure, so legal advice prior to submitting the Judgment is recommended.

NOTE: The above statements do not constitute legal advice, and each case is unique.  If you require legal advice, please reach out to us to schedule an appointment.