When couples separate for years, it’s common to assume that the marriage may legally end on its own. But it won’t. One reason this confusion exists is due to California’s mandatory six-month waiting period, which applies after a divorce is filed – not during a separation. In this month’s blog, we will break down what the law really says.
Understanding California’s Six-Month Waiting Period
In a California Divorce, once the paperwork has been filed and properly served, a six-month period must pass before the court can legally terminate the marriage. This is a cooling-off period, meant to give both parties time to reconsider or resolve disputes.
However, this doesn’t mean the divorce is automatic after six months. You must still complete all legal requirements, including filing all necessary documents, finalizing a settlement or appearing in court, and receiving a final judgment of dissolution.
Legal Separation vs. Divorce: Know the Difference
A long separation often leads to confusion between legal separation and divorce. In California Divorce law, legal separation is a formal court process similar to divorce but without terminating the marriage. It allows couples to address issues like child custody, spousal support, and property division while staying legally married.
Choosing legal separation over divorce might be suitable for couples with tax benefits or health insurance considerations. However, unless the court grants a final judgment of dissolution, you are still legally bound as a married couple.
Why You Shouldn’t Stay Separated Indefinitely
Failing to take legal action after a long separation can create legal and financial risks:
- Financial Entanglements: Shared debt or property may remain legally binding.
- Legal Obligations: Spousal support rights may still exist.
- Estate Confusion: Your spouse may have inheritance rights unless officially divorced.
- Remarriage Limitations: You cannot remarry until the divorce is legally finalized.
For more on these legal implications, visit the California Department of Child Support Services, which outlines responsibilities that may continue during separation.
Family Law Richard E. Young & Associates Is Here To Help You
Don’t let confusion about separation delay your next steps. If you’ve been living apart and assumed the marriage ended on its own, it’s time to get clarity. Reach out to Family Law Richard E. Young & Associates at (949) 951-9529 to begin the legal process and protect your rights. Finalizing your divorce ensures peace of mind and a fresh start, and we’re here to help you!
