2024 – How Long Does a Divorce Take in California?

When contemplating dissolving your marriage in California, it’s not uncommon to ask the question, “How long does a divorce take in California?” Understanding the timeline is crucial for anyone considering a divorce in the Golden State. While every divorce case has its own unique challenges and circumstances, several factors can affect the length of the process.

The Divorce Process in California

A divorce in California has four general stages that are the same for every couple, no matter the complexity of their divorce. The stages of the divorce process are:

1. Filing a divorce petition
2. Exchanging financial information
3. Making decisions about assets, child care, support, etc.
4. Finalizing the divorce with the court.

Although couples going through a simple divorce may be able to get through each stage rather quickly, there is still a mandatory six-month waiting period before their divorce can be finalized. That waiting period starts when the other spouse is served with the divorce, and it is the absolute minimum amount of time it takes to get a divorce in California.

Uncontested vs. Contested Divorce

The duration of a divorce can be influenced by whether it is uncontested or contested. In an uncontested divorce, both parties agree on all terms presented. This includes child custody, property division, and spousal support. Divorcing couples are likely to spend less time in court and negotiating if their divorce is uncontested. Paperwork can be simpler to process as well.

In contrast, a contested divorce means the parties disagree about one or more facets of the divorce. These disagreements can extend negotiations and other parts of the divorce process by months if they are not resolved quickly. In cases where disputes are especially contentious, they can potentially escalate to litigation, further extending the timeline of a divorce. It’s important to note that even when a divorce starts off uncontested, it can become contested if disagreements arise at any point.

Impact of Property and Asset Division

Dividing assets during a divorce is a critical step and can seriously impact the duration. Specifically, complex assets like investments, retirement accounts, and businesses may involve added legal steps and necessitate professional appraisals to confirm their value, which can take time. In a high net-worth divorce, a couple usually has extensive assets that often call for additional time to identify, categorize, and divulge.

Lengthy disputes over property division can extend divorce proceedings significantly. When both parties have differing thoughts on asset values or distribution, negotiations and mediation sessions can take longer. Some cases may go to trial if spouses can’t come to an agreement, which could lead to several court hearings and a potentially drawn-out appeals process.

Impact of Child Custody and Support Disputes

When there are children involved in a divorce, the timeline can be prolonged because of the complexities associated with determining custody arrangements and support amounts. Parents can come up with their own child custody agreement that includes child support, as well as a parenting plan that suits their situation and benefits their children.

If both parents agree with the terms and a judge approves the agreement, the child custody and support plans can be finalized, making the divorce process smoother. Any disputes regarding the custody arrangement can increase the time spent negotiating and possibly result in an extensive custody trial.

The court decides what custody arrangement would be in a child’s best interest by evaluating both parents’ abilities to care for the child, the child’s relationship with each parent, and the preferences of the child in some cases. In high conflict situations, the court may also take extra steps, such as ordering a child custody evaluation, which can extend the custody battle and the divorce.

When it comes to deciding child support, the court evaluates children’s needs, the income of both parents, and anything else of relevance. Child support issues can further delay a divorce if modifications need to be made to a support order or because of a parent’s failure to comply with support obligations.

FAQs

Q. How Long Does It Take to Get a Divorce if Both Parties Agree in California?

A. In California, parties who agree on all terms of the divorce must still wait for the six-month mandatory waiting period before it can be finalized. Even if it is uncontested, a divorce can still take longer due to certain steps that may take some time, such as exchanging financial information or having the final judgment signed. Therefore, there is no way to say exactly how long it takes to get a divorce, even if both parties agree.

Q. Does Fault Play a Role in the Duration of a Divorce in California?

A. California is a no-fault divorce state, so fault does not directly play a role in the duration of a divorce. The main grounds for divorce are “irreconcilable differences” in California, which means the marriage can’t be repaired. A spouse can file for a divorce without having to show proof of their partner’s wrongdoing or fault. However, fault can lead to conflicts about matters related to the divorce and indirectly affect the duration of the process.

Q. Will a Divorce Take Longer if I Recently Moved to California?

A. Your divorce may take longer depending on how recently you moved to California and if your spouse is a resident or not. However, this may only affect when you can begin the process. In order to get a divorce in California, you or your spouse must have lived in the state and the county where the divorce will be filed for specific amounts of time. You must meet these residency requirements before a divorce can be initiated.

Q. How Can I Speed Up My Divorce in California?

A. You can speed up your divorce in California by doing several things, including having an uncontested divorce where both parties agree on all terms, employing the services of a mediator for disagreements, ensuring all necessary documents are gathered, and promptly filing correct paperwork. It’s important to remember that even if everything goes smoothly in your divorce process, you still have to adhere to the state’s mandatory waiting period.

Contact a California Divorce Attorney

The duration of a divorce can vary significantly because of all of the factors that can influence the overall timeline. Seek guidance from a divorce attorney at the Najera Law Group, APC. We can help you prepare for your divorce proceedings, resolve disputes, and encourage healthy collaboration to help the divorce process move as quickly and efficiently as possible.