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HomeFamily CodeDiv. 5Pt. 1Ch. 3§ 1840 Marriage Conciliation Waiting Period

§ 1840 Marriage Conciliation Waiting Period

Family Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 1840 Marriage Conciliation Waiting Period

This law says that when a couple files for marriage counseling (conciliation), they can't file for divorce or separation for a certain time. After that time, if they still can't fix their problems, they can file for divorce or separation.

Key Takeaways

  • •When a couple files for marriage counseling, they can't file for divorce or separation for a certain time.
  • •This time starts when they file for counseling and lasts until 30 days after the counseling hearing.
  • •After this time, if they still can't fix their problems, they can file for divorce or separation.
  • •Filing for divorce or separation doesn't stop them from going to marriage counseling.

Example

A couple is having problems and files for marriage counseling. During this time, one spouse wants to file for divorce.

The spouse can't file for divorce until 30 days after the counseling hearing. If they still can't fix their problems after that, they can file for divorce.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 1840 Marriage Conciliation Waiting Period

(a) During a period beginning upon the filing of the petition for conciliation and continuing until 30 days after the hearing of the petition for conciliation, neither spouse shall file a petition for dissolution of marriage, for nullity of a voidable marriage, or for legal separation of the parties. (b) After the expiration of the period under subdivision (a), if the controversy between the spouses, or the parents, has not been terminated, either spouse may institute a proceeding for dissolution of marriage, for nullity of a voidable marriage, or for legal separation of the parties, or a proceeding to determine custody or visitation of the minor child or children. (c) The pendency of a proceeding for dissolution of marriage, for nullity of marriage, or for legal separation of the parties, or a proceeding to determine custody or visitation of the minor child or children, does not operate as a bar to the instituting of proceedings for conciliation under this part. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)

Last verified: January 9, 2026

Key Terms

petition for conciliationdissolution of marriagenullity of a voidable marriagelegal separationcustody or visitation of the minor child or children

Related Statutes

  • § 1842 Spousal Conciliation Without Children
  • § 1841 Family Court Reconciliation Transfer
  • § 2024 Marriage Dissolution Property Rights
  • § 2024.6 Financial Records Sealing Request
  • § 2024.7 Health Coverage Notice Requirement

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Family Code. Section 1840.
View Official Source