Legal Question in Family Law in California

Divorce filing waiting period

My son is in the Navy and recently returned from maneuvers to discover his wife's infidelity. Navy jag instructed him to have her sign a sort of marital agreement (they provided him with) agreeing to no spousal support and other conditions in the event the relationship was terminated. Documentation has been signed and notarized. He is under the impression that he must wait 6 months before he can file for divorce. He will be shipped back out to the Gulf before 6 months arrives and would like to dissolve this relationship.

Question: Based on California law is a 6 month waiting period required for some sort of circumstances and do paternity tests have to be mandated by the Court if one person is not in agreement?


Asked on 8/11/04, 1:26 pm

1 Answer from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Divorce filing waiting period

There are two 6 month periods. You have to be a California resident for 6 months (and a resident of the county you file in for 3 months) before filing. If he was a California resident immediately prior to shipping out with the Navy he probably still qualifies. There is also a 6 month period from the time of filing before the court can grant the divorce. Allegations of infidelity are irrelevant under CA law except as they relate to child custody disputes.

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Answered on 8/11/04, 3:15 pm


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