How Long Does It Take to Get a Divorce in California?

No matter the circumstances, divorce proceedings are often stressful and emotionally charged. They are life-changing events and can have an impact on you for years to come. The legal proceedings of divorce require the court system to finalize the matter, which can be a time-consuming princess. You might find yourself wondering, “How long does it take to get a divorce in California?” The answer is dependent on several factors.

Fortunately, working with a skilled San Bernardino divorce attorney can help with speeding up this process. However, it is important to keep in mind that there are still necessary legal steps that must be adhered to. No matter the situation you find yourself in, hiring a trusted attorney could prove crucial to the timeline of your divorce.

How to Seek a Divorce in California

Filing for divorce in California is never an easy process. There are multiple documents to fill out and file with the courts. Your presence might be required at meetings, and there are other events that you may need to attend, like any formal court proceedings.

To have your divorce finalized as smoothly and quickly as possible, it is important to have an understanding of the divorce process and all that it includes in the state. To seek a divorce in California, the following steps are essential:

• File for your divorce, and file a summons.
• Serve the divorce papers to your spouse.
• Receive a response from your spouse and/or the attorney representing them in the divorce case.
• The courts will begin disclosing and investigating the assets owned by both you and your spouse.
• Undergo a pre-trial settlement process or, if necessary, a divorce trial.
• Receive the finalization of your divorce.

If your case leads to a trial, this can greatly lengthen the duration of your divorce. This is why it is so important to retain the legal counsel of a divorce attorney. They can help negotiate a pre-trial settlement with your spouse and their attorney. The sooner a settlement is reached, the sooner your divorce can be finalized.

What Factors May Affect the Timeline of My Divorce in California?

Before the finalization of a divorce can be reached, you and your spouse will need to agree on certain aspects of your relationship and how things will proceed following the divorce. The largest points of contention in a divorce typically include:

• Spousal Support: California recognizes two forms of spousal support. Temporary spousal support is an order for payments made to a spouse before the divorce is final. Long-term spousal support is a support order that comes at the end of the case.
• Division of Debt and Property: In California, property is divided into two categories. Community property is that which was gained and owned during the marriage. Separate property is what is owned individually either before the marriage or through gifts given or inheritance received.Community property, which can include assets like houses, cars, furniture, bank accounts, and retirement accounts, will all be legally split by a judge’s formal order.
• Child Support: In California, child support is a monetary payment that the court instructs one parent to pay the other every month to provide for their child’s necessities. This payment is calculated based on how much money each parent makes, how they file their taxes, and how much time they spend with their children.
• Child Custody: When parents separate, they must put together a parenting plan. This plan should describe how the children will be cared for, where and with which parent they will live, and how and when they will see each parent.

All these issues, and any others that might apply to your specific case, should be addressed in your written divorce agreement. How your spouse responds, or if they decide not to respond, will affect how long it will most likely take to move forward and reach a finalization of your divorce.

Additionally, if your local court system is overwhelmed by these sorts of cases, it could take the judge a while to reach your case and sign the necessary paperwork, adding to the overall length of this process.

Why Is There A Minimum Wait Time?

Many couples feel confused about the mandatory minimum wait time when it comes to divorce. This is because many couples contemplated and discussed divorce far before they actually filed. That said, the mandatory minimum is there to ensure that couples have had a fair amount of time to discuss divorce before it becomes official. There are a lot of legal headaches, fees, and long processes involved in divorce, so the law wants to ensure that the couple is steadfast in their intention to separate.

What’s more, some couples reconcile or work through their differences during these six months and decide to remain married. Enforcing a six month waiting period helps many couples avoid the need to remarry after rushing into a divorce, which can be a legal and logistical nightmare. This time is simply a grace period to ensure that the couple does, in fact, want to get divorced.

Kinds of California Divorce Cases

When trying to determine how long your divorce might take, it is important to look at the kinds of divorce cases that might arise in your specific situation. The main two types of divorces in California are contested divorce and uncontested.

Contested divorces are ones in which the divorcing parties cannot agree on the issues surrounding the divorce. These can be messy, complicated, emotionally charged, and contentious cases. They often require the intervention of a judge and, therefore, require more time. Contested divorce cases often end up going to trial, which can not only be time-consuming but also expensive.

Conversely, uncontested divorces are the quickest path to finalization. In these cases, both parties can agree on how to handle issues like spousal support, child support, child custody, and the division of their assets and debts. If all your paperwork is in order, a judge will sign off on your divorce, and a trial–and the time taken up by one–can be avoided.

Factors That Can Lengthen Divorces

As mentioned, six months is the minimum required time for a divorce to be finalized. Many divorces take longer than that, especially if there are aggravating factors. There is a lot to consider when dividing a family, and some situations simply take longer to reorganize than others. Below are some common factors that can lengthen the time between filing for divorce and officially receiving a legal divorce.

Property Division

When you and your spouse own property together, it takes a significant amount of time and effort to divide it during a divorce. There are a lot of contributing factors determining how the property is to be divided. For example, if the house was owned by one spouse individually before marriage, negotiations may take that into account. If one spouse wants to retain the home in their asset settlement, that is another topic of negotiation. In many cases, the couple decides to sell the home and divide the profits, but in many cases, the home does not sell immediately, and the couple has to wait for the process to end.

All in all, there are a lot of complicated aspects of property division. This difficulty is compounded when the couple owns several pieces of property together, such as cabins, second homes, vacation homes, or rental properties. Additionally, property like cars and boats will need to be divided or sold.

Child Custody

When you have children with the spouse that you are divorcing, it can take more time to get the process finalized. Child custody is a complicated and emotional process, and oftentimes neither side will yield easily.

In all situations of child custody, the court’s top priority is the safety of the children. It is the job of each of the divorcee’s attorneys to convince the court that their client provides a safe and stable home for the child or children in question. This process can get ugly if one or both parties are embittered or vindictive toward the other in their arguments.

As child custody is determined, child support will also be discussed. In some situations, one parent is not prepared to offer physical time or care to their children. If this is the case, child support will compensate for a diminished active role in child rearing.

Your Method Of Divorce

Though the media suggests otherwise, there are many ways to seek divorce. Litigation is by no means the only option. Many couples seek mediation instead, which can take less time.

Sometimes, couples seek divorces online. Though this is not recommended from a legal standpoint, it does work for some people. The process is fairly fast, and without other extenuating circumstances you can expect to stay at the six month mark for your divorce time.

Contested VS. Uncontested

Finally, it does matter whether your divorce is contested or uncontested. An uncontested divorce means that both parties agree on the divorce terms set forth. A contested divorce means that the couple has to go through the process of negotiating the terms of their divorce. Clearly, going through negotiations takes more time and effort than simply agreeing to existing terms. Uncontested divorces, therefore, generally have a better chance of staying below the six month threshold than contested divorces do.

Taking Extra Time

Please note that none of the above are intended to convince you to speed the process along. Yes, in some cases, divorce is straightforward and fairly simple. However, it is okay if your divorce is not this way. It is more important to fight for what is right for you and your family than it is to take the easy route.

It is also important to note that the six month waiting period does not mean that you need to continue living with your spouse for that time. If you both agree to a separation, you can find a new place to live, begin to heal, and even start dating again if that is the arrangement you have. From a legal standpoint, one of the few restrictions is that you cannot get remarried for the six months until your divorce is final.

FAQs

How Long Does It Take to Get a Divorce in California If Both Parties Agree?

If both parties agree on the issues that arise in your divorce case, this is considered an uncontested divorce. This can go much quicker than a divorce in which the parties cannot agree. However, due to the rules and regulations of California divorce law, the timeframe of an uncontested divorce is at least six months due to the state’s legally mandated waiting period.

What Is the Fastest Way to Get a Divorce in California?

One of the quickest ways to get a divorce in California is to hire the services of a skilled and experienced divorce lawyer. It is critical to find one who has a full understanding of the laws that apply in these cases. A divorce lawyer can help you weigh all your legal options and determine which one can ensure as fast a divorce as possible.

How Long Do You Have to Be Separated Before Getting a Divorce in California?

While there is no technical separation period in California, the law does state that a waiting period of six months must be followed before a divorce can be finalized. This means that you can file for a divorce when you decide that is the course of action you would like to take, but you must wait six months before the judge can finalize it.

What Are Some Common Mistakes People Make That Can Prolong the Divorce Process in California?

In California, residents are required to disclose all assets and debts that are owned within the marriage. If one spouse is caught hiding assets, this can prolong the divorce process by an unnecessary amount of time. If the hiding of assets is discovered, it can lead to litigation in divorces that might have otherwise been uncontested, adding a substantial amount of time to the process overall.

Work With a San Bernardino Divorce Attorney

Here at the Law Offices of Michelanne Hrubic, our team is passionate about fighting for your rights and advocating for the settlement you deserve. Now is not the time to face these legal issues alone, and we are ready to provide the care and attention to detail your divorce case requires. If you are hoping to have your divorce proceedings go as quickly as possible, it is imperative that you contact a skilled divorce attorney today.