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I am a victim of assault by husband and filed for a divorce from him. Do I have to wait 6 months for the divorce to be final?

Rancho Cucamonga, CA |

We filed the divorce and requested immediate termination of the divorce due to irreconcilable differences and domestic abuse problems. Is there something I can file in court to get an immediate divorce? The physical abuse has been going on for 17 years. I have a restraining order against him and he cant come to the house.

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Attorney answers 3


I am sorry to be the one to tell you that unfortunately, it is impossible to get a divorce before the six months have passed (and, that 6 months only starts AFTER the other party has been served). Even worse, that is the least amount of time before a divorce can be granted. That is not in fact the amount of time that things will take. The more contentious that the case is, the longer the divorce will take to finalize. You may wish to consult with a qualified local family law attorney to get more specific advised based upon ALL the facts in your case. But, no matter what, things will not finish before the statutory 6 months after date of service have passed. Good luck!


Unfortunately you will have to go through the process of the divorce and sort everything out. If you have children it could make it more complicated. I would suggest you consult with an attorney to help you with this process.

Please note that this answer does not constitute legal advice, and should not be relied on, as each situation is fact specific, and it is not possible to evaluate a legal problem without a comprehensive consultation and review of all the facts and court pleadings filed in the case. This answer does not create an attorney-client relationship


There are other steps you need to take in order to finalize your divorce. You will not be divorced in 6 months simply because you filed a Petition for Dissolution of Marriage. You are mistaken about how the divorce process works so I am including links below so you can begin educating yourself about the process. Good luck.

If you found this answer helpful, let me know by clicking the "Mark as Helpful" button or "Best Answer" at the bottom of this answer. By answering this question, the Law Offices of Cathleen E. Norton does not intend to form an attorney-client relationship with the asking party. The answers posted on this website should not be construed as legal advice. The Law Offices of Cathleen E. Norton does not make any representations about your family law matter, but rather, seeks to provide general information to the public about family-law related matters. You should consult with an attorney to discuss the specific facts of your case. Thank you.