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Do you have to wait to divorce in California?

One question some people have about separating for divorce is what separation really means. Does it mean that you have to live in separate homes? Can you stay in the same home but not be in a relationship?

These are good questions. The fact is that if you plan to separate for the purpose of the separation period required by the Californian courts, you should live in two different places. Your spouse may stay in the main home, for example, while you rent an apartment. Similarly, you both could move out of the primary property and into secondary properties while you wait for the six-month period to pass.

Why is there such a long waiting period?

It may seem unusual, but the reality is that some people do find that a divorce isn't really what they want and reconcile. But it takes them spending time apart to realize it. A waiting period means that people can file for divorce and still have time to reconsider the split.

Another reason for the waiting period is because it gives people time to work through property division processes and to develop parenting plans and other documents necessary for the final decree.

Courts in California must also have grounds to grant a divorce. You can choose one of two grounds for divorce. The first is incurable insanity. The second is irreconcilable differences. For most people, irreconcilable differences are what ends the marriage. To prove this fault, you'll have to show that you and your spouse cannot get along and will not be able to resolve your issues and remain married.

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