Results 1 to 2 of 2
  1. #1
    Join Date
    Jun 2010
    Posts
    1

    Default Waiving the Waiting Period for a Divorce

    My question involves divorce in the State of: California

    I'm currently a resident in California, my wife a resident in IL. We have been married 10 years (long story) but separated since the 2nd year.

    We are currently trying to get a divorce, and if at all possible want to waive the 6 mo waiting period for CA. (She wants to get re-married in Oct.) We are completely amicable, and either of us will do whatever will make things easier on the other. Neither of us is pursuing spousal support, there are no children, nor shared property.

    Is there anything we can do to waive the waiting period?

    Thank You.

  2. #2
    Join Date
    Jan 2008
    Posts
    1,948

    Exclamation Re: California Divorce; Waiving 6mo Waiting Period

    It does not appear to me that there is anyway around the 6 month wait...

    "2339. (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.
    (b) The court may extend the six-month period described in
    subdivision (a) for good cause shown.



    2340. A judgment of dissolution of marriage shall specify the date
    on which the judgment becomes finally effective for the purpose of
    terminating the marriage relationship of the parties.



    2341. (a) Notwithstanding Section 2340, if an appeal is taken from
    the judgment or a motion for a new trial is made, the dissolution of
    marriage does not become final until the motion or appeal has been
    finally disposed of, nor then, if the motion has been granted or
    judgment reversed.
    (b) Notwithstanding any other provision of law, the filing of an
    appeal or of a motion for a new trial does not stay the effect of a
    judgment insofar as it relates to the dissolution of the marriage
    status and restoring the parties to the status of unmarried persons,
    unless the appealing or moving party specifies in the notice of
    appeal or motion for new trial an objection to the termination of the
    marriage status. No party may make such an objection to the
    termination of the marriage status unless such an objection was also
    made at the time of trial.



    2342. Where a joint petition under Chapter 5 (commencing with
    Section 2400) is thereafter revoked and either party commences a
    proceeding pursuant to Section 2330 within 90 days from the date of
    the filing of the revocation, the date the judgment becomes a final
    judgment under Section 2339 shall be calculated by deducting the
    period of time which has elapsed from the date of filing the joint
    petition to the date of filing the revocation.



    2343. The court may, upon notice and for good cause shown, or on
    stipulation of the parties, retain jurisdiction over the date of
    termination of the marital status, or may order that the marital
    status be terminated at a future specified date. On the date of
    termination of the marital status, the parties are restored to the
    status of unmarried persons.



    2344. (a) The death of either party after entry of the judgment
    does not prevent the judgment from becoming a final judgment under
    Sections 2339 to 2343, inclusive.
    (b) Subdivision (a) does not validate a marriage by either party
    before the judgment becomes final, nor does it constitute a defense
    in a criminal prosecution against either party."

    How long have you lived in CA? There is a waiting period to establish residency as well.

    1. Sponsored Links
       

Similar Threads

  1. Divorce: How to Cancel a Divorce During the Waiting Period
    By username000000 in forum Divorce, Annulment and Separation
    Replies: 1
    Last Post: 04-26-2011, 06:59 AM
  2. Divorce: Petitioning a Court to Waive Divorce Waiting Period
    By cbmichigan in forum Divorce, Annulment and Separation
    Replies: 4
    Last Post: 10-27-2009, 08:32 AM
  3. Repossession: What's The Waiting Period Before They Can Repo A Car
    By hardawaytr in forum Cars and Dealerships
    Replies: 1
    Last Post: 07-01-2008, 09:22 AM
  4. Property Division: Buying Propery By Myself During Divorce Waiting Period
    By lawschoolbound in forum Divorce, Annulment and Separation
    Replies: 1
    Last Post: 05-08-2008, 08:37 AM
  5. Divorce: Remarried After Divorce, But Before The Waiting Period Ended
    By Demorea in forum Divorce, Annulment and Separation
    Replies: 6
    Last Post: 09-09-2007, 06:36 AM
 
 
Sponsored Links

Legal Help, Information and Resources