Wednesday, April 2, 2008

I do not want to wait six months for a divorce. . .

Dear Famularo & Associates:
I want to get a divorce and have been separated many years. I want to get remarried. I know there is a waiting period of six months. Is there any way to avoid the waiting period? Can the judge waive the waiting period so that I can speed up the divorce?

Dear T.K.:
The waiting period for a divorce in California is "jurisdictional." This means that the court does not have the power to grant you a divorce unless the waiting period has expired. Even though you have been separated for many years, the waiting period has not even begun to run. The waiting period only begins once the divorce paperwork has been filed and your spouse has been properly served. Once the divorce paperwork is filed and served, you will be eligible to become divorced six months from then.

-Famularo & Associates

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