Understanding the “Waiting Period” for a Redlands Divorce
Many divorcing spouses in Redlands wonder how long they will have to wait before their marriage finally comes to an end. To some level, there is no easy way to answer this question since it depends on each unique set of circumstances. Some divorces take longer than others because of factors outside of anyone’s control. These might include the complexity of community property, the existence of children, and so on. On the other hand, there is a clear timeline associated with a mandatory “waiting period” for all California divorces.
To learn more about the timeline associated with your specific divorce, consider a consultation at a family law firm in Redlands. Choose Milligan, Beswick, Levine & Knox LLP – and discuss your situation alongside experienced Redlands divorce lawyers like Stephen P. Levine, who has been practicing law since 1977. One of the best ways to determine how long your divorce will take is to speak directly with a divorce attorney.
California Has a Mandatory Six-Month Waiting Period for Divorcing Spouses
The California Courts Self-Help Guide states that a couple must wait six months before divorcing. This six-month “waiting period” begins from the day one spouse receives their divorce papers. Until these six months elapse, you cannot move forward with your divorce.
This might seem unreasonable to many spouses, especially those who want to get on with their lives as quickly as possible. This might be even more frustrating for spouses who agree on how they would like to end their marriage and do not plan to fight in court.
Although these are valid concerns, spouses should know that waiting periods are common across numerous US states. In fact, many other states subject spouses to much longer waiting periods. It is not unheard of for spouses to wait a year or more before proceeding with their divorces in other states.
Why Does California Have a Waiting Period for Divorcing Spouses?
California has a waiting period for various reasons. First, it gives spouses the chance to think things over. Often, spouses decide to reconcile after a few months of separation. This is why the waiting period is also called the “cooling off” period. Reconciliation is not always the best outcome, especially for spouses in abusive or dysfunctional marriages. However, it could be the best thing for the entire family, especially if children are involved.
The separation period also helps spouses understand what it is like to be single. During this period, they may need to make various adjustments as they get used to living alone once again. This period might involve new career developments and steps toward financial independence. For example, a stay-at-home mom might go back to work and start building her own credit.
What Should I Do During the Waiting Period in California?
Despite its name, the waiting period does not necessarily involve waiting around. During these six months, you can make progress with your divorce, even if these steps do not occur in the “official” legal world. As previously noted, you can establish your own credit cards, bank accounts, and other forms of financial independence. You might also find new work and get used to your new responsibilities as a single parent.
Perhaps more importantly, you can start discussing the divorce with your ex. Although these discussions may not be possible after a bad breakup, they can be highly productive. Even having a brief telephone conversation about how you would like to handle specific assets or child custody can be helpful.
You can also take further steps alongside your divorce lawyers. During these six months, you can meet with your legal representatives and discuss how you would like to handle the divorce. The next few months may involve gathering evidence, documents, and more.
Can I Create a Divorce Agreement During the Waiting Period?
One of the most productive steps you can take during the waiting period is to negotiate the terms of your divorce through alternative dispute resolution or “ADR.” Popular ADR methods include collaborative divorce, mediation, and arbitration. During collaborative divorce, spouses are assisted by their respective attorneys during the negotiations. During mediation and arbitration, a single individual guides the discussions. While a mediator only makes recommendations at the end of the discussions, an arbitrator makes binding judgments.
The goal of all ADR methods is to decide how you are going to handle your divorce without going to court. Trials can be time-consuming, expensive, and stressful. They are also public, which could be difficult for certain spouses who value their privacy. In contrast, ADR can be concluded in a matter of months – if not weeks. It is also inherently confidential, and it occurs in private. Finally, strategies like mediation and collaborative law are usually much more affordable than a litigated divorce.
If you manage to agree on child custody, child support, spousal support, and property division during these private negotiations, there is no need to go to court at the end of your six-month waiting period. Instead, you can simply draft a written summary of your agreements and present it to a family judge. If the judge approves your agreement, you can finalize your divorce almost immediately after the six-month waiting period elapses. This is how many spouses navigate their divorces today.
Of course, trials are sometimes unavoidable. If you and your spouse cannot agree on how to handle your disputes, these issues may need to be settled in court. If this is the case, your six-month waiting period may involve trial preparations rather than negotiations.
Contact an Established Family Law Firm in Redlands
While the waiting period might seem daunting, it is possible to finalize a California divorce relatively quickly. That being said, no amount of legal research will advance this process, and you will need to take real legal action if you want to end your marriage efficiently. Reach out to Milligan, Beswick, Levine & Knox LLP to get started with experienced Redlands family law attorneys. With our help, you can move on with your life as soon as possible. Call 909-894-0812 to speak with a Redlands divorce lawyer.
Stephen Levine, is a Board Certified Specialist in Criminal Defense — an honor achieved by only the top criminal law attorneys in California. Mr. Levine has over 40 years of experience in criminal defense and family law serving Southern California, and is a highly regarded Super Lawyer as well as AV Rated attorney.