10 Most Common Divorce Questions and Other Stuff Everyone Should Know – How long does it take to get divorced?
California has a mandatory six month waiting period that must be completed before your marital status can be terminated, returning you to a single person. To start the waiting period you must file a Petition for Dissolution and then serve it on the other spouse. It is the day that the other spouse is served that starts the waiting period.
It’s important to understand that you are not automatically divorced at the expiration of the waiting period. In order for your divorce to be final, you have to meet other requirements such as financial disclosures, entering an agreement, or having the court make orders, to deal with all relevant issues. You must file all of the required paperwork and the court needs time to process all of your paperwork. This alone can take several weeks to several months.
If you are going to court to settle your issues before a Judge, it will take longer than if you can come to agreements outside of court. The courts are backed up and it can takes months just to get your first hearing. It takes at least a year to get ready for a trial and if you are ready, it takes over a year to get a trial date. So, if you are in a hurry, choose an alternate way to resolve your divorce such as mediation or collaborative divorce where you can determine the pace of your divorce. See the first blog in this series for a description of the different processes available for your divorce.
Generally, it takes longer than 6 months for most couples to complete their divorce. In these cases, your divorce is final after you submit all of your paperwork and the court enters your Judgment. However, occasionally it happens so quickly that everything is done and filed with the court long before the six months is up. In these cases, the waiting period only applies to the termination of your marital status (making you single again) and the court can go ahead and process your divorce paperwork before the six months passes. Your financial and property matters, child and spousal support etc., are not subject to the waiting period and can be made official when the Judge enters your “Judgment.” The court will then calculate the future date on which you marital status will be terminated. This will be the day your six month waiting period expires. Day 181.
Collaborative Practice San Diego is a nonprofit, multi-disciplinary referral network of independent professionals of attorneys, mental health professionals and financial advisors working together to learn, practice, and promote Collaborative processes for problem-solving and the peaceful resolution of family law issues, with an eye toward preserving the emotional, as well as the financial assets of the family.
Contact us today to see how we can help you and your spouse work towards a peaceful resolution for your marriage.
Note: This information is general in nature and should not be construed as legal/financial/tax/or mental health advice. You should work with your attorney, financial, mental health or tax professional to determine what will work best for your situation.
