How Long Does a Divorce Take in California?

February 12, 2020March 5, 2020
by Angie

If you’re considering a split from your spouse, you probably want to know how long a divorce takes in California. The fastest you can get a divorce in California is 6 months – but some divorces take a lot longer. Here’s what you need to know.

How Long Does a Divorce Take in California?

California has a 6-month waiting period for all divorces. The waiting period begins when you serve your spouse with divorce papers. The waiting period is in place to ensure that you really want to go through with your divorce – it gives you time to change your mind before you end your marriage.

What Do You Do During the 6-Month Waiting Period for Divorce?

During the 6-month waiting period, you and your spouse can use that time to resolve issues you’re facing. You might work on things like child custody and visitation, property valuation and division, or other important issues.

If you and your spouse can’t see eye-to-eye and reach agreements on your own, your attorney might suggest that you work with a mediator.

About Mediation

Mediation is a form of alternative dispute resolution. It isn’t for everyone – such as couples who have been involved in domestic violence incidents – but it can be very beneficial to many people. The time you spend in mediation will likely be just a fraction of the time you spend litigating in court, and it’s much more cost-effective than litigation, too. Mediation works quickly to help people find common ground.

Your mediator will meet with you and your spouse in a neutral space. You might be in separate rooms, depending on your preference and ability to negotiate, or you might be in the same room. Your mediator will provide you with ground rules that you both must agree to follow. Then, he or she will remind you that everything you say in mediation is confidential.

Once you’ve all established the ground rules, your mediator will start discussing the first issue. You each get a chance to have your say and explain a proposed solution – and then the negotiation begins. The mediator will be the go-between for you and your spouse until you reach an agreement that you’re both reasonably satisfied with.

Learn more: What is divorce mediation?

What Happens at the End of the 6-Month Divorce Waiting Period?

If you and your spouse have reached an agreement by the time your 6-month waiting period is up, the judge in your case can issue a divorce decree.

However, if you haven’t reached an agreement, your attorney will let the court know that you need to have a trial to settle your divorce.

Bifurcated Divorce

Some people can get what’s called a bifurcated divorce, which means that the court will still terminate the marriage and let the now-former couple work out their issues after divorce. Some of the issues you can work on after a divorce is final might include:

A permanent custody and visitation agreement
The validity of a prenuptial agreement
Other important issues that you can discuss with your attorney

The courts sometimes allow bifurcated divorce because it makes more sense. For example, if there’s just one issue holding up the divorce process, your Stockton divorce attorney can file a motion to ask the court to dissolve your marriage before you hammer out the details.

Related: Do prenups work?

Are There Any Shortcuts to a Fast Divorce in California?

There aren’t any shortcuts to a fast divorce in California. The best thing you can do is work out agreements with your spouse as early as possible so you don’t need to go to trial. If you need to go to trial, your divorce will take much longer. That’s because you have to wait to get on the court’s calendar and wait for the judge to make an evidence-based decision. (Even gathering evidence takes time, so if you and your spouse can’t agree on your own, your divorce could drag on for months. The most difficult cases can take years to resolve.)

Do You Need to Talk to a Lawyer About How Long it Takes to Get a Divorce in California?

If your’e contemplating divorce, we can help you. We can even help you negotiate your way to a settlement, which means you may be able to divorce your spouse as soon as the 6-month waiting period is over.

Call us at 209-395-1605 for a consultation now. We’ll answer your questions and start building a strategy that gets you the best possible outcome.

Divorce

How Long Does it Take to Get a Divorce…

January 1, 2020January 7, 2020
by Angie

How long does it take to get a divorce in California?

For most people, it takes at least 6 months to get a divorce in California. It can take longer, but usually, that depends on how the parties involved choose to resolve issues.

Anyone can get a divorce in California. You don’t need a reason (other than having “irreconcilable differences,” which means you and your spouse or domestic partner no longer get along), and you can even divorce if your spouse or domestic partner doesn’t want to. Under California law, nobody’s “at-fault” for the divorce – this is a no-fault divorce state.

The 6-Month Waiting Period for Divorce in California

You have to wait 6 months from the date that the person who filed notifies the other party before a court will grant your divorce. For example, if you file the paperwork on the 1st of the month and officially notify your spouse on the 5th of the month, you must wait 6 months from the 5th of the month because that’s the day you notified your spouse.

Use the table below to determine the earliest date the court can grant your divorce.

Notification Month	Earliest the Court Can Grant Your Divorce
January	July of this year
February	August of this year
March	September of this year
April	October of this year
May	November of this year
June	December of this year
July	January of next year
August	February of next year
September	March of next year
October	April of next year
November	May of next year
December	June of next year

Remember, though, that this table only shows you the earliest date the court can grant your divorce. If you and your spouse haven’t agreed on all the major issues by then, like child custody and property division, your divorce will take longer.

How Long Does it Take to Get a Divorce in California if Both Parties Agree?

If you and your spouse can reach agreements on your own, before you file or during the 6-month waiting period, the court should be able to grant your divorce as soon as the waiting period is over. Your attorney will work with you during the waiting period to get all your paperwork turned in to the court and get your divorce judgment approved (provided the judge in your case finds that it’s fair to everyone involved).

Related: What about summary dissolution?

What if the Parties Disagree?

If you and your spouse don’t agree to the terms of your divorce before the 6-month waiting period is over, your case will hang in the balance until you do reach a settlement. Your attorney will help you negotiate with your spouse – and she may recommend that you use mediation as a way of settling your differences. In some cases, the courts actually order couples to go to mediation rather than fighting things out in court (which is time-consuming and expensive).

Mediation: The Basics

How long your divorce takes depends on whether you agree, and you may be able to speed things up through mediation. You and your soon-to-be ex-spouse will visit a mediator who will strive to get you on common ground within just a day (although sometimes it does take longer). Mediation isn’t for everyone, though, so talk to your attorney about your options if you don’t think it’s the right choice for you.

Related: 17 divorce mediation tips

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

The least amount of time it can take to get a divorce in California is 6 months. Some cases take longer because the spouses can’t agree – but we may be able to help you. If you’re thinking about filing for divorce, or if your spouse has already filed and you need to react, call us at (209) 546-6870 or get in touch with us online to schedule a consultation. You can also click “Let’s Start” below and fill out our contact form to get a call or an email back.

Divorce

About the California Divorce Waiting Period

June 12, 2019August 4, 2020
by Angie

California divorce – and the waiting period to get one – are often very misunderstood topics. The bottom line is that to get a divorce in California, you must wait at least 6 months and a day from the date you start the case.

About the California Divorce Waiting Period

The California divorce waiting period is mandatory, even if your divorce attorney files every piece of paperwork necessary with the courts on the very first day. The waiting period begins as soon as you officially notify your spouse or domestic partner about the divorce, which is called the date of service. The date of service is the day that the non-filing spouse receives the divorce petition, and it can even be the same day your attorney files the petition with the court.

For example, if your lawyer serves the petition on your spouse on January 15, the earliest the courts can officially grant your divorce is July 16 – that’s 6 months and one day from the date of service.

How Long Does it Take to Get a Divorce in California if Both Parties Agree?

When you and your spouse reach agreements on all the important issues in your divorce, you still have to fulfill the 6-month waiting period requirement. Your attorneys can file and essentially complete the divorce long before the waiting period is over, though – it’ll just have to remain filed until the entire waiting period has passed.

What if You Change Your Minds?

If you and your spouse change your mind about divorcing within the 6-month waiting period, you or your attorney can file paperwork with the court to dismiss the case. However, the judge dismisses the case and then you decide you made a mistake, you’ll have to start the process – and the California divorce waiting period – all over again.

Do You Have to Be Separated Before You Can File for Divorce?

California doesn’t require a separation period before you can divorce your spouse. You don’t have to live apart for a certain amount of time like you do in some states. Instead, you can file while you’re both living together. The clock will keep ticking on the mandatory waiting period, even if you take some time to move out of your marital home, as long as you (or your attorney) have served your spouse with the divorce papers.

What About the Waiting Period for Summary Dissolution?

A summary dissolution is an option available to some couples who want to end their marriages in California, but it’s not any faster than a divorce is. You must still wait 6 months before you end your marriage through a summary dissolution.

What About California’s Residency Requirements?

California requires either you or your spouse to have lived in California for at least 6 months and the county where you’re filing for divorce for at least the last 3 months. This residency requirement applies before you can even file – you can’t meet the residency requirement and the California divorce waiting period at the same time.

For example, if you both move to California on January 1, you have to wait until July 1 to file for divorce – and that’s only possible if at least one of you lives in the same county for at least 3 months before you file. You can’t live in Alameda County until the middle of June and then file for divorce in San Joaquin County on July 1 if neither of you has lived here for 3 months.

Do You Need to Talk to a Lawyer About the California Divorce Waiting Period or Other Divorce Issues?

If you’re considering divorce, we may be able to help you. Call us at 209-546-6870 to schedule a consultation with a caring, compassionate and knowledgeable Stockton divorce attorney now. We can help you with issues related to parentage and child custody, spousal support and other divorce issues.

Divorce

How Quickly Can You Get a Divorce in California?

January 23, 2018January 17, 2019
by Angie

Once you’ve made the decision to divorce, you’ll probably want to get the process over with as soon as possible – most people do. There are things you can do to make your divorce go more smoothly (like reaching agreements on your own or working with a divorce mediator), but how long will it take?

How Quickly Can You Get a Divorce in California?

We read about celebrities getting a “quickie divorce,” but that’s not the norm. In California, it takes at least six months. There’s a waiting period that begins on the day you serve your soon-to-be ex-spouse with divorce papers (that can be a different day than the day your divorce lawyer files the petition for divorce) – but you must have filed the petition and served your spouse before the clock starts ticking.

You and your spouse can use that six-month period to begin resolving the issues you need to sort out to dissolve your marriage. After you reach a divorce agreement, your lawyer will file it with the court. Then, when the waiting period is done, the court will sign your agreement into an actual divorce decree. (If you can’t agree by that time, your lawyer will notify the court that you need a trial to settle the divorce.)

You’ll need to reach agreements and ask the judge to create orders about:

The Waiting Period and Child Custody

If you and your ex haven’t reached an agreement on custody and come up with a parenting plan by the time you file your divorce petition, you must attend custody mediation.

Residency Requirements and Other Time Frames You Need to Know

You or your spouse must have lived in California for the last 6 months to file for divorce here
You or your spouse must have lived in the county where you are filing the divorce for the last 3 months to file for divorce here

If you are divorcing a domestic partner and your partnership is registered in California, you don’t need to meet the residency requirements. If it wasn’t registered here, you must meet the residency requirements for married couples.

So About That Quickie Divorce…

While you can’t change the waiting period to get a divorce in California, you can still get divorced if you haven’t settled all your issues. Some people are able to bifurcate their divorces, which means that the court will end your marriage and let you negotiate or litigate other issues in the future.

(In case you’re interested, there are no residency requirements for divorce in Alaska; you can get a divorce in 6 weeks in Nevada; and you can get one in South Dakota after 60 days with no residency requirement.)

Do You Need to Talk to a Lawyer About Divorce?

We welcome the opportunity to answer your questions about divorce and issues such as custody, child support, spousal support, and the divorce process.

Call us at 209-910-9865 for a divorce case review. You’ll talk to an experienced Stockton divorce lawyer who can give you the advice you need to begin moving forward.

Tag: <span>Waiting Period</span>

How Long Does a Divorce Take in California?

How Long Does a Divorce Take in California?

What Do You Do During the 6-Month Waiting Period for Divorce?

About Mediation

What Happens at the End of the 6-Month Divorce Waiting Period?

Bifurcated Divorce

Are There Any Shortcuts to a Fast Divorce in California?

Do You Need to Talk to a Lawyer About How Long it Takes to Get a Divorce in California?

How Long Does it Take to Get a Divorce…

The 6-Month Waiting Period for Divorce in California

How Long Does it Take to Get a Divorce in California if Both Parties Agree?

What if the Parties Disagree?

Mediation: The Basics

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

About the California Divorce Waiting Period

About the California Divorce Waiting Period

How Long Does it Take to Get a Divorce in California if Both Parties Agree?

What if You Change Your Minds?

Do You Have to Be Separated Before You Can File for Divorce?

What About the Waiting Period for Summary Dissolution?

What About California’s Residency Requirements?

Do You Need to Talk to a Lawyer About the California Divorce Waiting Period or Other Divorce Issues?

How Quickly Can You Get a Divorce in California?

How Quickly Can You Get a Divorce in California?

The Waiting Period and Child Custody

Residency Requirements and Other Time Frames You Need to Know

So About That Quickie Divorce…

Do You Need to Talk to a Lawyer About Divorce?

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