California Family Law Specialists in San Diego. Because California is a “no-fault” divorce state, the only two reasons it recognizes for divorce.
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Dating During Divorce - Cristin Lowe Law
California, like many states, has a waiting period for getting divorced. For a variety of reasons, opposing parties may not be successfully served until weeks or months after the court filing. Regardless, California law is strict regarding compliance with the six-month waiting period. There are no exceptions or methods to expedite the date of dissolution for the marriage or domestic partnership.
California has its share of celebrity divorce proceedings and no party involved in a dissolution action is exempt from this rule. A longer waiting period is more conducive to spouses having the opportunity to gain perspective and possibly pursue reconciliation. If you are like most spouses who are ready to get divorced, you want the process to be over as quickly as possible.
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- If You Do Need to Wait…!
Between scheduling conflicts and the various issues that need to get resolved, six months can go by fairly quickly. Likewise, if your divorce ends up in litigation, the six-month waiting period will be among the least of your concerns.
That said, if you are ready for your marriage to be over, you have every reason to seek a speedy resolution. As a result, whether you are intending to file for divorce or you expect to be served with divorce papers shortly, while you do not want to rush, you may want to work efficiently to get the process started so that the six-month clock begins to run.
Can Dating While Divorcing in California Hurt Your Case?
Keep in mind, however, that this is one rule to which there are no exceptions. If you work through the divorce process diligently and arrive at final marital settlement agreement before the waiting period is over, you will still need to wait to have the court finalize your divorce. If you and your spouse are able to resolve the terms of your divorce in less than six months from the date of service or first appearance, you will need to be careful to avoid any mistakes that could jeopardize your rights.
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Your children need time to adjust. If you do decide to date, conduct yourself with the utmost discretion and delay introducing your new partner as long as possible. You could be unknowingly involving your new partner in your divorce.
If your new partner has information that is relevant to your divorce proceedings, they could be subpoenaed for a deposition or testimony at trial. In California, we have a rebuttable presumption that a supported spouse who is cohabitating with a member of the opposite sex has a decreased need for spousal support. Accordingly, if you do decide to move in with your new partner, you could be jeopardizing your right to continue receiving spousal support from your spouse at the current level. How long does a divorce take?