How Long Does a Divorce Take in California?

Once you have decided to divorce, it is common to feel like you want to complete it as soon as possible in order to move on with your life. Getting a divorce in California involves several important steps, and certain factors can affect how long the entire process will take. You may be wondering, “How long does a divorce take in California?”

A legal divorce takes a minimum of six months to process but can be extended due to extenuating circumstances and matters of litigation. It is important to have as much knowledge going into it as possible to avoid any unnecessary delays in your divorce.

Requirements for Filing for Divorce in California

In order to file for divorce in California, one of the spouses must be a resident of California and have lived there for a minimum of six months leading up to filing. In addition to living in the state, at least one spouse must have been living in the county where the divorce is filed for three months. If you plan to move out of the state, it is advised not to do so until after a divorce has been filed. This can cause delays in the divorce while you are trying to establish a residence elsewhere.

Necessary Steps to Getting a Divorce in California

California is a no-fault divorce state, so it is unnecessary to prove who is responsible for the breakdown of the marriage. One only has to cite “irreconcilable differences.” One other legal reason for divorce is if one spouse is deemed legally incapacitated due to psychological issues or injury.

There are two (potentially three) forms one should fill out to begin filing for divorce:

• Petition for Dissolution of Marriage – This form establishes which kind of divorce or separation you are seeking from your spouse.
• Summons (Family Law) – This form officially informs your spouse that you have started a court case with the intent to divorce. They must respond to a summons within 30 days.
• Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (if you and your spouse have children under the age of 18)

The involvement of children can complicate matters further, so it is recommended that you consider where your children will live during this time. Through additional forms, you may request a temporary order for things such as child custody, financial support, or housing arrangements.

Summary Dissolution Divorce

One type of divorce is a summary dissolution. Summary dissolution is a simplified version of divorce that you can file for when you have been married to your spouse for less than five years and have no children together. Additional requirements for a summary dissolution include:

• You own relatively little together
• You do not want spousal support
• You are both in agreement on how community property should be split

Details for summary dissolution should be discussed with a family law attorney to ensure an equitable outcome for you.

Dividing Property in a Divorce

Division of property can take a long time to negotiate. When parties are unable to reach an agreement on how their property should be divided, a court may intervene and make a decision. A judge must make a formal order about property division even if spouses are in agreement. However, if both parties are in agreement over property division, a judge can simply approve your agreement without the need for a court trial.

There are two categories of property that must be considered during the process of division:

• Community property – What you own together, such as real estate or vehicles that were acquired during the marriage
• Separate property – What you own individually, such as inheritances or property owned before the marriage began

The date of separation is often more challenging to pin down than the marriage date. The separation date is the day when one spouse informs the other of their intent to end their marriage. Earnings accrued after this date do not count as community property.

Factors That Can Extend Divorce Proceedings

Ideally, spouses can obtain a divorce as close to that 6-month minimum as possible. Some factors that can prolong divorce proceedings and even require a trial in court include:

• Child custody arrangements
• Child and spousal support
• Disagreements on community property division

Cooperation between divorcing spouses may not always be easy, but it is the most effective way to achieve a swift divorce.

FAQs:

Q: If Both Parties Agree in a California Divorce, How Long Does It Take?

A: If both parties are in agreement, a divorce can be processed as quickly as six months. For couples that have been married less than five years, have no children, and meet additional requirements surrounding their community property, they may be eligible for a summary dissolution, which is the simpler and more efficient form of divorce.

Q: How Long Does the Average Divorce Take in California?

A: While six months is the minimum waiting period for a divorce in California, disagreements can extend the process. It is impossible to predict how long a couple’s divorce proceedings will take, except that they must undergo a six-month waiting period. When conflicts necessitate court proceedings, this six-month minimum could stretch into several years.

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

A: Cooperation is crucial to avoiding delays in the California divorce process. When the terms of a divorce are contested, meaning both parties cannot agree to the terms, they must be resolved in court. Here, a judge will make the final decision on how this disagreement should be handled. It takes time to prepare a case for court consideration, resulting in higher costs and a longer waiting period.

Q: How Long Do You Have to Be Separated in California to Be Automatically Divorced?

A: You cannot automatically be divorced from your spouse through a period of separation. However, establishing a date of separation will begin the mandatory six-month waiting period for all divorce proceedings. You are not required to live separately during this time if finances are a problem, but it may cause confusion over property division later on. Inform your attorney of your separation date as early as possible to avoid community property conflicts in the future.

If you are seeking assistance from an experienced California divorce attorney, contact Steven J. Brown, Attorney at Law, to schedule a consultation today.