California Ended Six-Month Divorce Waiting Period
The new law allows judges to waive mandatory cooling-off periods in domestic violence or mutual agreement cases.
Updated on Oct. 6, 2026 in Divorce
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California Governor signed Assembly Bill 1875 into law, effectively removing the state-mandated six-month cooling-off period for divorces. This legislative change grants judges the authority to expedite finalization in cases involving domestic violence or when both parties are in mutual agreement.
Why it matters
The measure aims to provide immediate legal relief for victims of domestic violence who were previously tethered to their abusers by rigid state waiting requirements. By streamlining the process, the law seeks to enhance the safety and autonomy of individuals looking to sever legal ties after abuse.
The bill passed unanimously through both houses of the California legislature after a seven-month and two-week drafting and approval process. It includes support from 13 co-sponsors, two of whom are Republican.
The players
Laura Pena
She is a domestic violence survivor whose personal experience served as the catalyst for Assembly Bill 1875.
Gregg Hart
He is a California Assemblymember who worked with survivors to introduce and champion the new divorce legislation.
Ethan Bertrand
He is the legal researcher who drafted Assembly Bill 1875 based on advocate input.
The details
The legislation was born from the advocacy of Laura Pena, who shared her experience of being shot by her husband on July 9, 2024, to highlight the dangers of prolonged legal ties. Assemblymember Gregg Hart's office led the effort, with Ethan Bertrand drafting the bill based on Pena's input to ensure victim safety remains a priority in family court.
Timeline
June 2024: Laura Pena filed initial legal papers for divorce.
July 9, 2024: Laura Pena's husband shot her.
Late September 2025: Pena contacted Assemblymember Hart's office regarding the proposed legislation.
October 5, 2026: A press conference was held to mark the signing of the new legislation.
Culture Shift
This legislation represents a fundamental shift in family law, moving away from archaic state-mandated waiting periods that often prioritized procedural tradition over individual safety. It reflects a broader cultural movement toward empowering victims of domestic violence to sever ties with abusers rapidly.
Residents currently entangled in domestic violence situations may now request that family court judges bypass the standard six-month waiting period to finalize their divorce. This change directly impacts the timeline for legal safety and financial independence for survivors across the state.
The takeaway
This law provides a critical pathway for survivors to regain their independence without the burden of unnecessary legal delays. Victims should consult with a family law attorney to determine how to leverage these new provisions in court proceedings.
Further reading
For more information on family law proceedings, see the California Divorce section.
Source note: This article includes information reported by The Santa Barbara Independent.
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