How Long Does a Divorce Take in California? The Six-Month Waiting Period, Explained

California family law · Last reviewed September 29, 2026

A California divorce cannot be final in less than six months. That is the floor, not the typical length: six months is the earliest your marital status can end, and only if everything else is done by then. Many uncontested divorces finish not long after the six months run out. Contested cases often take a year or more.

The most common misunderstanding is about when the clock starts. It does not start when you file.

The six-month rule

Family Code § 2339(a):

(a) Subject to subdivision (b) and to Sections 2340 to 2344, inclusive, 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.

The Judicial Council's instruction sheet, form FL-107-INFO, puts the same rule in plain terms:

The earliest you can be divorced is six months and one day from one of these three dates (whichever occurs first): (1) the date Respondent was served with the Summons (form FL-110) and Petition (form FL-100), (2) the date the Response (form FL-120) was filed, or (3) the date Appearance, Stipulations, and Waivers (form FL-130) was filed.

So if your spouse is served on March 10, the earliest your marriage can end is September 11. If you file in March but can't find your spouse to serve them until June, the clock starts in June.

What starts the clock, by path

How the case started	The six months run from	Authority
Standard petition (FL-100)	Service on your spouse, or their Response or Appearance if that came first	Fam. Code § 2339(a)
Joint petition (FL-700), since January 1, 2026	The day you file together	Fam. Code § 2331(b)
Summary dissolution (FL-800)	The day you file the joint petition	Fam. Code § 2403

A joint petition works this way because filing it counts as service on both spouses. Under § 2331(b), the joint petition "shall be deemed to be served on both parties upon the filing of the joint petition with the court and both parties shall be determined to have appeared in the matter." The court's self-help guide puts it simply: "Wait 6 months from when you file the joint petition to be divorced."

Calculate your earliest date

Earliest date your divorce can be final

California Family Code § 2339 · counts from service, the respondent’s appearance, or the filing of a joint petition

What happened first? On what date?

The waiting period is not automatic

Six months passing does not end a marriage by itself. You are divorced only when a judge signs a judgment, and under § 2340 that judgment "shall specify the date on which the judgment becomes finally effective for the purpose of terminating the marriage relationship of the parties." FL-107-INFO is blunt about it: "You are NOT divorced or legally separated until the court enters a Judgment in your case."

That has two practical consequences.

You can finish the paperwork early. If you settle quickly, the judge can sign the judgment before the six months are up. The judgment then states a future date, at least six months and one day after service or appearance, when the marriage ends.

If you never finish, you stay married. A case that sits after the six months have passed is still a pending case. It is not unusual for someone to learn years later that they were never divorced because the final judgment was never submitted. If you are unsure, check with the court clerk.

What changes on January 1, 2027

On September 27, 2026, the Governor signed AB 1875 (Stats. 2026, ch. 556). Starting January 1, 2027, a judge will be able to shorten or waive the six-month period, not just extend it. The new § 2339(b) will read:

(b) Notwithstanding subdivision (a), the court may extend, reduce, or waive the six-month period described in subdivision (a) for good cause shown, provided that the parties have resolved all material issues related to the dissolution, and either of the following:

The two options are a noticed hearing on good cause, or a stipulation by both spouses that good cause exists, with the court agreeing. The new § 2339(c) gives examples of good cause:

(1) The court finds that the petitioning party is the victim of domestic violence during the marriage and the petitioning party requests a waiver or reduction for their health, safety, and well-being. (2) The parties have signed and filed a marital settlement agreement resolving all material issues related to the dissolution. (3) One party seeks to remarry and a waiver or reduction will not affect any issues material to the dissolution bifurcated by the court, pursuant to Section 2337.

Three points about the new law:

It is not available yet. Until January 1, 2027, the six-month minimum applies without exception; the court can only extend it.
Everything has to be resolved first. The court may shorten the wait only "provided that the parties have resolved all material issues related to the dissolution." It is a reward for couples who have settled, not a shortcut through a fight.
Summary dissolutions are covered too. AB 1875 also lets the court reduce or waive the six months in a summary dissolution, for good cause (new § 2403(b)).

Expect the Judicial Council to issue forms or instructions for these requests; until then, ask your court's self-help center how it is handling them.

Ending the marriage while other issues continue

If the six months have passed but property or support issues are still being fought over, a spouse can ask the court to end the marriage first. Under § 2337(a), the court "may sever and grant an early and separate trial on the issue of the dissolution of the status of the marriage apart from other issues." This is called bifurcation, and Cal. Rules of Court, rule 5.390 governs the procedure. The moving spouse must serve a preliminary declaration of disclosure with the motion (§ 2337(b)), and the court can impose conditions to protect the other spouse, such as keeping them covered by health insurance or preserving their rights in retirement benefits.

People bifurcate to remarry, to file taxes as single, or simply to be done with the marriage while the money issues are resolved.

What makes a divorce take longer

Six months is only the minimum. The real length depends on:

Service. The clock can't start until your spouse is served or appears. A spouse who can't be found may need to be served by publication, which requires a court order first.
Financial disclosures. Both spouses must exchange sworn disclosures; the court cannot enter a judgment dividing property without them (§ 2106).
Disputes. Contested custody, support or property issues mean mediation, hearings, discovery and possibly trial.
Court workload. Hearing dates and judgment review times differ widely from county to county.
Paperwork errors. Judgments are often returned for corrections. Using the court's self-help center or the family law facilitator to review your packet can save weeks.

What speeds a case up is agreement: a signed marital settlement agreement, both spouses cooperating on disclosures, and a complete judgment packet submitted as soon as the terms are settled.

Legal separation has no waiting period

A legal separation divides property and sets support and custody without ending the marriage, and it has no six-month wait. It also has no durational residency requirement. It can later be converted to a divorce, as explained in our overview of the California divorce process.

Frequently asked questions

How long does a divorce take in California?

At least six months and one day from the date your spouse is served or appears in the case, or from the date you file a joint petition. Uncontested cases can finish soon after that; contested cases commonly take a year or longer.

Does the six-month waiting period start when I file?

Not for a standard petition. It starts when your spouse is served with the summons and petition, or when your spouse files a Response or Appearance, whichever is first. For a joint petition or a summary dissolution, it starts on the filing date.

Can you get divorced in less than six months in California?

Not yet. Under current law, no divorce can end a marriage sooner. Starting January 1, 2027, AB 1875 lets a judge reduce or waive the six months for good cause, but only once the spouses have resolved all material issues.

Is my divorce automatically final after six months?

No. A judge must sign a judgment, which states the date your marriage ends. If you never submit the final paperwork, you remain married.

When can I remarry after a California divorce?

On or after the date your marital status ends, as stated in the judgment. There is no extra waiting period after that date. A marriage before it would be "illegal and void" under Family Code § 2201, because you would still be married.

Can I end my marriage before the property issues are settled?

Yes. After the six-month period, either spouse can ask the court to bifurcate and end the marriage first, under Family Code § 2337, while property and support issues continue.

Where these sections live

How this page is sourced. Every legal statement here comes from the California statutes, court rules, Judicial Council forms and official court and agency pages it cites and links. Text in block quotes is copied exactly from the official source; everything else is original writing. Fees and dollar limits are as of September 29, 2026.

This page explains what the law says. It is legal information, not legal advice, and it cannot tell you how the law applies to your situation. Family law turns on facts, and some deadlines cannot be extended — if the outcome matters, talk to a family lawyer or your court’s self-help center.