What is the waiting period for divorce in California?

What the Law Says

California law sets a strict minimum time frame that must pass before a divorce judgment can be entered — regardless of whether the parties agree or disagree.

The waiting period is not a 'cooling-off' period you can shorten by agreement or court order. It begins the moment the divorce petition is filed with the court — not when the spouse is served or when they respond.

This rule applies to all divorces in California, including uncontested ones. Even if both spouses sign settlement agreements on day one, the earliest the court can issue a final judgment dissolving the marriage is six months and one day after the petition is filed.

California does not require spouses to live separately before filing, nor does it require proof of separation for the waiting period to start. The only trigger is the filing of the petition.

Statutory Text

A judgment of dissolution of marriage may not be entered unless the parties have lived separate and apart for six months immediately preceding the entry of judgment.

— Family Code § 2339(a) — Entry of judgment: six-month requirement

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