Concept site Harlan & Vey is a fictional family law firm, designed and built by Patrick Bushe to show what I make for family law firms. Fictional, by Patrick Bushe

Quick exit

Count your six months.

In California the earliest a marriage can end is six months and one day after the other spouse is served, or first appears in the case, whichever comes first. Put in your dates and see the rest.

Did they file a Response before they were served?

That counts as appearing in the case. The clock starts on whichever date came first.

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What to gather first.

Both spouses have to list what they own, owe and earn, so these papers come up early. Tick what you have; bring the list to your consultation.

Income
Home and things
Accounts
Debts
Children
Dates and papers
A small boy running ahead of his father along a dry grassy trail

Rules that start with the Summons.

The back of the Summons carries orders that bind the spouse who files from that day, and the other spouse from the day they’re served. Until the case ends or the court changes them, neither of you can:

  • Take the children out of California, or apply for a new passport for them, without written consent or a court order.
  • Sell, hide, borrow against or give away property, apart from ordinary business and the costs of daily life.
  • Cancel or change insurance, or who it pays out to.
  • Make an unusual expense without telling the other spouse at least five business days first.

Six months is a minimum, not a deadline. Many cases take longer, and that’s fine.

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