A divorce in California cannot be ordered by the Court until at least 6 months after the other spouse was served with the initial Summons and Petition, i.e. a “cooling off” period that cannot be shortened or waived. Moreover, nothing will happen after those 6 months in ending your marriage unless you and your spouse enter into a written settlement as part of a Judgment or otherwise go to trial. In other words, a divorce can only be completed with either an agreed-upon judgment or a court ruling at trial. Until that time, neither party can legally remarry.

In situations where the parties have not resolved all issues or one or both parties seek to be divorced in order to remarry, a party can seek a “bifurcation” of marital status, wherein the court terminates your status as a married couple but reserves jurisdiction over all other issues of the marriage until further agreement can be reached or the case goes to trial.