How Long Does a Divorce Take in California? 2024

Going through a divorce can be stressful, and you might be eager to resolve it as quickly as possible. Depending on the complexity of your case, however, the answer to “How long does a divorce take in California?” may not be a simple one.

To know how long a divorce process can take, you should understand what the process entails and consider the factors that might influence your timeline, including whether it will be a contested divorce. There are mistakes you should avoid and tips you should follow to resolve them promptly.

The Divorce Process Explained

The divorce process in California, from start to finish, involves multiple steps. How quickly each stage takes can influence the timeline of your divorce.

Steps to Obtaining a Divorce

1. Filing a petition. A divorce petition is filed by one or both parties with the Superior County Court.
2. Serving summons to respondent. A summons is served to the other spouse, informing them that a divorce petition has been filed and outlining what they should and should not do until the divorce is resolved. The respondent has 30 days to respond after being served.
3. Disclosing financial information. Both parties have up to 60 days to disclose their finances upon petitioning or being served a petition.
4. Negotiating or pursuing mediation. Both spouses can decide on an agreement for the division of assets, debts, and child custody and support rights and responsibilities. Otherwise, a judge may issue an agreement based on the information provided by both parties and state law.
5. Receiving final divorce judgment. A judge reviews and signs a final divorce agreement, and a divorce judgment is issued.

Minimum Timeline for Divorce

A California divorce timeline is influenced by how quickly either party proceeds in the above steps. There are also additional factors that affect the timeline.

There are minimum residency requirements for obtaining a divorce in the state. A petitioning spouse must have lived at least six months in the state, and they should have been a resident of the county where they are filing for divorce for at least three months.

A final divorce judgment in California can be issued at the earliest six months from the time a joint divorce petition is filed or from the time a respondent is served a summons.

What Influences a Divorce Timeline?

When both spouses are in agreement about the end of the marriage and the division of assets and child custody rights and responsibilities, the waiting period for a divorce may not be much longer than six months. However, when going through a contested divorce, the timeline may be extended.

Uncontested Divorce Versus Contested Divorce

In an uncontested divorce, both parties engage in the divorce process amicably. With the help of an attorney through a collaborative divorce or mediation, they can come up with a property division agreement and a parenting plan in a reasonable period of time.

Contested divorces can translate to a longer divorce timeline. When an agreement cannot be reached, a case may need to go in front of a judge. Depending on the court’s schedule, there may be delays to your divorce if multiple hearings need to be scheduled to determine property division and child custody matters.

Mistakes Can Delay a Divorce Judgment

It is understandable that both parties in divorce may struggle through the legal separation process. However, making mistakes throughout a divorce can cause serious delays in California.

Some common mistakes can include:

• Failing to file adequate paperwork or to respond promptly to requests for information.
• Not putting in the effort to resolve the problem by cutting communications with the other spouse or failing to appear at hearings.
• Hiding information about your finances.
• Giving limited or no access to children to the other spouse.

These actions can result in a breakdown in communication between both sides, which may require filing additional petitions and attending court hearings — causing further delays.

Tips for Resolving a Divorce as Quickly as Possible

It is impossible to determine how quickly beyond a minimum six-month period a divorce in California may take. There are, however, actions you can take to help speed up the process.

Hire a Qualified Divorce Attorney

A qualified divorce attorney can counsel you on the appropriate forms to fill out, how to navigate the family court system, and what you may or may not be entitled to following a separation.

They also help facilitate communication between you and your spouse, which is a common reason for delays in a divorce.

Work With Your Spouse

It may be to your benefit to amicably resolve a divorce by pursuing a collaborative divorce or engaging in mediation. If you and your spouse are able to settle on an adequate agreement, it may lead to a quicker marriage dissolution.

Bringing on a divorce mediation attorney who can ease communication between both parties may be an option in this case.

FAQs

Q: How Long Does It Take to Get a Divorce if Both Parties Agree?

A: If both parties agree on a divorce agreement, it may take as few as six months to get divorced in California as long as they meet the residency requirements for filing for divorce in the state and in their county and if they complete each step of the process adequately.

Q: How Much Time Does a Contested Divorce Take?

A: A contested divorce in California can take much longer than the six-month waiting period. If one or both spouses are unwilling to cooperate and come up with an agreement on the division of child custody and marital assets and debts, a divorce case may be scheduled for a hearing at the county court, leading to further delays.

Q: What Happens if a Spouse Does Not Respond to Divorce Papers?

A: If a spouse does not respond to divorce papers, a divorce may still be issued because California is a no-fault state. However, a judge may not take into consideration their current financial situation or their desires for custody when determining marital property division or a parenting plan.

Q: How Does One Get a Quick Divorce?

A: In order to get as quick a divorce as possible in California, both spouses can file a petition, or a respondent spouse can respond promptly to a summons when being served divorce papers. It may also help to discuss an adequate divorce agreement before filing to avoid delays.

How Long a Divorce Takes Depends on Multiple Factors

There is no easy answer to how long a divorce takes in California. As long as the spouses meet the minimum residency requirement, a divorce can be issued in six months.

To avoid delays in the divorce process you should contact a qualified divorce attorney who can guide you on the steps you need to take to receive a divorce judgment as quickly as possible.

When you work with the team at Tierney Law Group, PC, you can count on the support of a knowledgeable divorce attorney who understands the divorce process well and works hard to help you complete it in an appropriate timeline.

Contact our office today to speak with one of our divorce attorneys for free and learn about the California divorce process.