The key points
- Standard route: count from service or appearance, whichever occurs first.
- Joint petition: the earliest date is 6 months and 1 day after filing.
- The court must still enter a judgment.
- The judgment controls the date your marriage ends.
The standard divorce clock starts after a specific event
Family Code section 2339 ties the standard waiting period to service of the summons and petition or the respondent’s appearance, whichever occurs first. Filing a petition alone is not the usual starting event on this route.
This matters if there is a gap between filing and service. Preparing documents, buying a service, or opening an online account does not start the clock. Keep the service proof and court records rather than relying on the date you first began the paperwork.
At least 6 months must expire before the divorce can be final as to marital status. The court can take longer. Use the court’s instructions and judgment for the exact date instead of treating a rough calendar calculation as a legal determination.
Filing together uses a different starting point
The FL-700 joint petition route does not include initial service. The information sheet for that route states that the earliest divorce date is 6 months and 1 day after the Joint Petition is filed.
Both spouses still need to complete financial disclosures, reach a full agreement to finish on that route, and submit final paperwork. Starting together does not remove those tasks. The joint petition guide explains the forms and what happens if cooperation ends.
Summary dissolution is a separate filing-based process for couples who meet all its conditions. Do not confuse its FL-800 forms and eligibility limits with the FL-700 joint petition. Follow the instructions for the process you actually filed.
Use the waiting time to complete the case
The waiting period is not a pause on all work. Documents need to be exchanged, property and debts identified, and any support or parenting terms resolved.
- Complete the financial disclosure requirements.
- Write a complete agreement if you are resolving the case together.
- Prepare the judgment and required attachments.
- Check local submission requirements and submit the final papers.
- Review any correction notice and respond to it.
An agreement without the required disclosures or final papers does not finish the case. The uncontested divorce guide explains why agreeing is only part of the work.
Why a case may take longer
The minimum is set by law. The rest of the timing depends on actual work and court processing. Missing attachments, inconsistent information, incomplete service, unresolved issues, and the court’s review schedule can all affect when a judgment is entered.
Court processing and the work needed in each case vary. This site does not offer a guaranteed completion date or call a document questionnaire an expedited divorce.
Children do not turn the standard minimum into a different statewide waiting period. They do add issues and documents that must be handled correctly. If you need decisions about support or parenting while the case is open, ask the court self-help center or a lawyer about the appropriate procedure.
Read the judgment before making plans
The Judgment (FL-180) and Notice of Entry of Judgment (FL-190) are different from the petition that opened the case. Check the court’s final documents for the date marital status ends.
A judge can review papers without that meaning the marriage ended on the day you received an envelope. Do not make remarriage plans based on the questionnaire completion date, the filing date in a standard case, or the passage of 6 months alone.
If you cannot tell whether a judgment has been entered, contact the court or get legal help. Our filing roadmap shows the difference between starting and finalizing a case.
Common questions
How long does a divorce take in California?
California has a statutory 6-month minimum before marital status can end. In a standard case, it runs from service of the summons and petition or the respondent’s appearance, whichever happens first. Joint petition and summary dissolution routes follow filing-based instructions. The minimum is not a promised completion date. Financial disclosures, unresolved issues, corrections, and court review can take longer. Check the Judgment for the actual date the marriage ends.
Can both spouses waive the waiting period?
Agreement does not remove the statutory minimum. Online document preparation cannot waive it either. A complete agreement can help resolve issues, but the court must still follow the law and enter a judgment.
Does the clock start when I file FL-100?
For a standard case, the law uses service of the summons and petition or the respondent’s appearance, whichever comes first. Simply filing FL-100 is not the usual trigger. Joint petition cases follow separate instructions.
Will I automatically be divorced after 6 months?
No. You must complete the required steps and the court must enter a judgment. A case can remain open after the minimum period has expired. Check the final court documents for the actual marital status termination date.
Is a joint petition the same as summary dissolution?
No. The FL-700 joint route and FL-800 summary dissolution are different processes. Both involve filing together, but summary dissolution has additional eligibility limits and its own forms. Follow the timeline instructions for the route you selected.
Official California references
Requirements and forms can change. Check the current instructions and your local court’s requirements. This page is not an attorney-reviewed legal opinion.