When clients ask, “How long does a divorce take in California?” the honest answer is: it depends. At BruegelPC, we have helped countless individuals navigate this challenging process. Whether your divorce is straightforward or complex, we are here to guide you every step of the way. In this article, we’ll break down everything you need to know about the timeline for a divorce in California.
From the point of view of California law, a divorce takes at least six months to finalize after the initial paperwork is filed. This is the mandatory waiting period. Complex cases may take longer.
How Long Does a Divorce Take in California?
Divorces in California take at least six months to finalize due to the mandatory waiting period.
Let me explain, if a couple agrees on everything like dividing their assets, child custody, and support, their divorce can be finished faster, usually in about 6 months. This type of divorce is called an uncontested divorce.
However, if the couple disagrees on any of these issues, the divorce process can take much longer. This type of divorce is called a contested divorce. The time it takes can be affected by court schedules, the number of cases before yours, and how complicated your situation is. In general terms, temporary decisions on child custody, support, and other matters can be made early in the process and will stay in place until the divorce is final.
In California, there is a mandatory six-month waiting period from the time you file for divorce before it can be completed. After these six months, the divorce can be finalized, officially ending the marriage.
In general, divorces in California can take anywhere from a few months to several years based on each case’s details. Getting legal advice can help make the process quicker and smoother.
Factors That Affect Divorce Duration in CA
Various factors can determine the divorce duration in California, with some cases taking years due to complex assets and custody battles.
It seems that, several factors can affect how long a divorce takes in California. These include complicated issues like child custody, child support, dividing property and debts, and spousal support. How willing both people are to negotiate and compromise also plays a role.
At its heart, other things that can influence the divorce timeline are how busy the courts are, the efficiency of the legal process, and if the divorce is contested or not. The experience of the lawyers involved can also affect the time it takes.
Average Timeline for a California Divorce
As you may recall, the average timeline for a California divorce typically ranges from six months to one year.
By and large, the time it takes to finalize a divorce can vary based on how complicated the case is, how much the spouses disagree, and how busy the court is. Generally, one spouse starts the divorce by filing a request and giving the other spouse the necessary documents. After that, both spouses can respond and share financial information.
Following the initial paperwork, the spouses might try mediation or negotiation to agree on settlement terms. Typically, if they reach an agreement, it is submitted to the court for approval. If they don’t agree, the case may go to trial, where a judge will decide on issues like who gets what property, child custody, and support.
Once the court makes a final judgment, the divorce is official. Keep in mind that each divorce is different and can face delays and complications. It’s a good idea to talk to a qualified attorney who can help you through the process and protect your rights.
Steps Involved in the CA Divorce Process
Combining earlier ideas, in California, obtaining a divorce usually entails navigating a complex series of legal steps.
In other words, the first step in getting a divorce is to file a petition with the court. This is a legal paper that explains why you want the divorce and includes any plans for child custody, visitation, spousal support, and dividing property.
After you file the petition, your spouse needs to be officially notified about the divorce. They will get legal papers telling them about the divorce and what you are proposing. Your spouse can agree or disagree with what you have proposed.
If you and your spouse agree on everything, you can write down your agreement and submit it to the court for approval. If you can’t agree, you might need to go to mediation or court hearings to settle any disagreements. The court will then decide on things like child custody, visitation, child support, and dividing property.
When all issues are settled, the court will issue a final divorce judgment, officially ending your marriage.
Keep in mind that the divorce process can be different for each case. It’s a good idea to talk to a family law attorney to make sure your rights are protected throughout the process.
Expediting Your California Divorce
Thinking about our last meeting, a California divorce can be expedited by ensuring all necessary forms are filed correctly and promptly, attending required hearings, and promptly providing all requested documentation.
Basically, talking clearly with your spouse and their lawyer (if they have one) can make things go smoother. Getting a good divorce lawyer who knows what they’re doing can speed up the process. To be brief, they’ll make sure everything is done legally and look out for you. Also, keeping everything organized and saving all your messages and documents about the divorce can stop delays and help things go more easily.
To Wrap it All Up
Expanding on an earlier point in conclusion, the length of time it takes to finalize a divorce in California can vary depending on factors such as the complexity of the case and whether it is contested or uncontested.
What BruegelPC is finding useful to is, on average, a divorce in California can take anywhere from six months to a year to be finalized.