California Family Code § 2339: Mandatory Six-Month Cooling-Off Period for Divorce

Plain-Language Summary

California Family Code § 2339(a) imposes a mandatory six-month waiting period before a divorce can be finalized. After one spouse is served with dissolution papers (or appears in the case), the law requires at least six months to pass before the marriage can legally end. During this waiting period, the parties remain legally married—they can live apart and obtain temporary orders for custody or support, but cannot remarry or treat the divorce as final. Section 2339(b) allows a judge to extend the waiting period for good cause, but not to shorten it. The purpose is to ensure time for reflection or resolution before permanently terminating the marriage.

Real-World Examples

  • Example 1: If Alice serves Bob with divorce papers on January 1, 2025, the earliest their divorce can be final is July 2, 2025 (six months plus one day after service).
  • Example 2: Even if Alice and Bob agree on all divorce terms by March 2025, they must still wait the full six-month period before the court can finalize the divorce.
  • Example 3: If one spouse dies during the six-month waiting period, they are still considered legally married because the marriage was not yet legally terminated.

Published Case Law on § 2339

  • Estate of McDaniel, 161 Cal.App.4th 458 (2008) – The court held that a stipulated divorce judgment was not final until the six-month statutory period elapsed. Because the husband died before the waiting period ended, the wife was not considered his surviving spouse.
  • In re Marriage of Georgiou & Leslie, 218 Cal.App.4th 561 (2013) – Although § 2339 was not directly cited, the timeline for final dissolution was governed by the six-month requirement. This shows how compliance with § 2339 is embedded in California divorce proceedings.
  • Estate of Lahey, 76 Cal.App.4th 1056 (1999) – The court explained that legal separation does not end the marriage and emphasized that only a finalized divorce under provisions like § 2339 terminates marital status for probate and other purposes.

Full Text of California Family Code § 2339

(a) Subject to subdivision (b) and to Sections 2340 to 2344, inclusive, no judgment of dissolution is final for the purpose of terminating the marriage relationship of the parties until six months have expired from the date of service of a copy of the summons and petition or the date of appearance of the respondent, whichever occurs first.

(b) The court may extend the six-month period described in subdivision (a) for good cause shown.

This content is provided for general informational purposes only and is not legal advice. Laws and their interpretations can change, and how the law applies to your specific situation may vary. For advice regarding your own circumstances, consult a qualified attorney.