We often receive a lot of comments from clients and prospective clients thinking that they can get divorced at the 6 month mark after the initial divorce papers have been filed. Let me explain because this is not entirely true.
Pursuant to Family Code section 2339, in a divorce action, the earliest that the parties’ marital status may be terminated is 6 months after the court acquires jurisdiction over the Respondent. So, this does not mean that if Petitioner files divorce papers on January 1, 2012, he automatically is divorced on June 30, 2012. The court must acquire jurisdiction over the Respondent before the clock starts ticking.
As long as 6 months after acquisition of jurisdiction over the Respondent has passed, the court may terminate the parties’ marital status before granting a judgment on the other issues in the case. (This allows one of the parties’ to remarry, should they choose to).
Please note the following:
(A) there is no way to obtain a termination of marital status prior to 6 months after the court obtains jurisdiction over Respondent and
(B) marital status does not automatically terminate by the passage of 6 months time. Some clients mistakenly believe that a mere passage of 6 months of time automatically terminates their marital status. This is not the case.
For more information on obtaining a divorce in Los Angeles or Orange County, contact an Orange County divorce lawyer for more information.