Six-month waiting period before marital status can end (from respondent's appearance)

6 months after date respondent first appeared (e.g., response or fl-130 appearance filed), under Cal. Fam. Code 2339.

Rule text

(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 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.

Cal. Fam. Code 2339, official source

Calculate this deadline

Deadline
Friday, May 7, 2027
  1. Trigger (Date respondent first appeared (e.g., response or FL-130 appearance filed)): Friday, November 6, 2026.
  2. Add 6 months: Thursday, May 6, 2027.
  3. Add 1 day (the period must fully expire): Friday, May 7, 2027.
Rules applied
Cal. Fam. 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 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.
Official source
Cal. Code Civ. Proc. 12, 12a, 10; Cal. Rules of Court, rule 1.10 (applied in family law by Fam. Code 210)
CCP 12: "The time in which any act provided by law is to be done is computed by excluding the first day, and including the last, unless the last day is a holiday, and then it is also excluded." CCP 12a: "(a) If the last day for the performance of any act provided or required by law to be performed within a specified period of time is a holiday, then that period is hereby extended to and including the next day that is not a holiday. For purposes of this section, “holiday” means all day on Saturdays, all holidays specified in Section 135 and, to the extent provided in Section 12b, all days that by terms of Section 12b are required to be considered as holidays.(b) This section applies to Sections 659, 659a, and 921, and to all other provisions of law providing or requiring an act to be performed on a particular day or within a specified period of time, whether expressed in this or any other code or statute, ordinance, rule, or regulation." CCP 10: "Holidays within the meaning of this code are every Sunday and any other days that are specified or provided for as judicial holidays in Section 135." CRC 1.10(a): "The time in which any act provided by these rules is to be performed is computed by excluding the first day and including the last, unless the last day is a Saturday, Sunday, or other legal holiday, and then it is also excluded." CRC 1.10(b): "Unless otherwise provided by law, if the last day for the performance of any act that is required by these rules to be performed within a specific period of time falls on a Saturday, Sunday, or other legal holiday, the period is extended to and includes the next day that is not a holiday." Fam. Code 210: "Except to the extent that any other statute or rules adopted by the Judicial Council provide applicable rules, the rules of practice and procedure applicable to civil actions generally, including the provisions of Title 3a (commencing with Section 391) of Part 2 of the Code of Civil Procedure, apply to, and constitute the rules of practice and procedure in, proceedings under this code."
Official source
  • Not a filing deadline: it is the earliest date the marital status can terminate. 'Whichever occurs first': compute this rule AND the companion rule(s) and use the EARLIER of the two dates. The engine adds six calendar months to the trigger date (the date the six months 'have expired'). AMBIGUITY: Judicial Council self-help materials and secondary sources describe the earliest termination date as six months AND ONE DAY after service/appearance; courts set the date on the judgment (Fam. Code 2340) and practitioners should confirm the date the court will use. The CCP 12a weekend/holiday roll should NOT be applied (no act is performed on this date); the engine's default roll is inappropriate for this rule. Status-only judgments via bifurcation (Fam. Code 2337) cannot terminate status before this date. Court may extend for good cause (2339(b)). Applies to dissolution only, not legal separation or nullity. Status cannot end until six months have expired (Fam. Code 2339); under CCP 12 that is the day after the six-month anniversary. Not moved for weekends or holidays.
  • If the clerk's office is closed or inaccessible on the last day (weather, emergency or local closure orders), the deadline may be extended. Check local orders.

This calculator applies the cited rules to the dates you enter. It is not legal advice. Court orders, local rules, and case-specific facts can change a deadline; verify before relying on it. Rule set pending attorney review.

Worked example

Date respondent first appeared (e.g., response or FL-130 appearance filed) on Monday, March 15, 2027, personal service: due Thursday, September 16, 2027.

  1. Trigger (Date respondent first appeared (e.g., response or FL-130 appearance filed)): Monday, March 15, 2027.
  2. Add 6 months: Wednesday, September 15, 2027.
  3. Add 1 day (the period must fully expire): Thursday, September 16, 2027.

Unsettled points

  • The calculator shows the earliest status termination date as the day after the six-month anniversary, the later and safe date.Other reading: If status may end on the anniversary itself, the earliest date is one day sooner.

Notes

Not a filing deadline: it is the earliest date the marital status can terminate. 'Whichever occurs first': compute this rule AND the companion rule(s) and use the EARLIER of the two dates. The engine adds six calendar months to the trigger date (the date the six months 'have expired'). AMBIGUITY: Judicial Council self-help materials and secondary sources describe the earliest termination date as six months AND ONE DAY after service/appearance; courts set the date on the judgment (Fam. Code 2340) and practitioners should confirm the date the court will use. The CCP 12a weekend/holiday roll should NOT be applied (no act is performed on this date); the engine's default roll is inappropriate for this rule. Status-only judgments via bifurcation (Fam. Code 2337) cannot terminate status before this date. Court may extend for good cause (2339(b)). Applies to dissolution only, not legal separation or nullity. Status cannot end until six months have expired (Fam. Code 2339); under CCP 12 that is the day after the six-month anniversary. Not moved for weekends or holidays.

Related deadlines

All California family law deadlines

Local rules by county

County local rules and courtroom procedures can add to or change this deadline. Pick a county to calculate with them applied.

Rules current as of 2026-10-23. Confirm against the official source and any local rule or court order before relying on a date. Rules changelog.