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divorce waiting period

Q. When does the waiting period begin in a collaborative law divorce?

Dear Donna,

If a couple has chosen to go through a collaborative divorce in California, when does the six-month waiting period begin? ~Holding on in Hilldale

Dear Holding on,

With Collaborative Divorce, couples can set their own pace for divorce. They can meet to develop a list of topics that need to be discussed, assign homework to gather needed information, and schedule meetings to discuss each topic until an overall acceptable settlement is crafted. A research study commissioned by the International Academy of Collaborative Professionals found that most Collaborative Divorce cases take 6 months or less to reach agreement.

Many states have "minimum" times before a divorce dissolving the marriage itself becomes final. These laws are designed to discourage impulsive divorce and also to discourage people coming from out-of-state to get a "quickie divorce." For example California has a six month waiting period which begins when the non-filing person "is served" with the divorce papers.

Because you are using the collaborative law divorce process, your lawyers will give you the option of getting the "waiting period" started while dealing with the substantive topics, or putting the process on hold if you prefer to start it later.

Good luck!  
Donna

This article is not legal advice. You should consult an attorney if you have legal questions that relate to your specific divorce.

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