Discover how long does a divorce take in California, including factors that affect the timeline, types of divorces, legal steps, and answers to common FAQs about speeding up the process.

Divorce is never a simple process, and the length of time it takes to finalize a divorce in California depends on many factors. Some divorces happen smoothly, while others take much longer because of legal complications or disagreements between partners. It is important to understand the California divorce process and time frame, especially when you are going through an emotionally and legally stressful situation.

In this article, we will explain how long a divorce takes in California, what types of divorces are available, what forms are required, and how you can finalize your divorce. We will also answer some commonly asked questions through FAQs regarding the typical duration and options to speed up the process.

Who Qualifies for Divorce in California?

There are some residency requirements to file for divorce in California:

• You or your spouse must have been living in California for at least 6 months.
• And the period of residence in the county where you are filing for divorce must be at least 3 months.

After these residency requirements are met, a “no-fault” divorce can be applied in California, in which you do not need to prove any fault of your spouse. In most cases, the ground of “irreconcilable differences” is given, which means that the marriage can no longer continue. This allows you to easily file for divorce without blaming anyone.

How to file a divorce in California?

To initiate divorce, you must first file the necessary paperwork. The process is as follows:

1. File a Petition for Dissolution of Marriage (Form FL-100) in court. This form mentions the basic details of the marriage such as the date of marriage, date of separation, and if you are seeking spousal support, child custody, or division of property.
2. After filing, you must complete a Summons (Form FL-110), which gives your spouse legal notice of the divorce.
3. You must have these papers served on your spouse through a third party. According to California law, anyone else 18+, not you, will serve these papers.

After service, your spouse has 30 days to file a response.

What happens after filing for divorce?

Several things can happen after the divorce papers are served that depend on your spouse’s response:

• No Response: If your spouse does not respond within 30 days, you can ask for a default judgment, which allows the divorce to proceed without their participation.
• Agreement: If both parties agree on everything, including child custody, spousal support, and division of property, the divorce process can proceed fairly quickly and without a trial.
• Disagreement: If your spouse responds and disagrees with something, the divorce becomes contested, which can make the process significantly longer.

At this stage, the court may intervene for temporary orders such as child support, alimony or custody arrangements.

How to Finalize Your Divorce?

To finalize a divorce in California, you must resolve all legal issues, either by mutual agreement of both of you or by court decision. Once the agreement or court ruling is reached, a Judgment of Dissolution of Marriage is filed, which legally terminates your marriage.

An important aspect is that California has a mandatory six-month waiting period. This waiting period begins the day the divorce papers are served on your spouse. Meaning, even if both parties agree on everything, the divorce can be finalized in as little as six months after the court has served it.

How Long Does a Divorce Take in California?

According to California law, a six-month waiting period is mandatory for divorces. Meaning, no matter how simple the case, the divorce cannot be finalized until six months have passed after the papers have been served on your spouse.

But the timing of a divorce depends on a number of things:

• Uncontested Divorce: If both parties agree on everything, the divorce can be finalized as soon as the waiting period has passed.
• Contested Divorce: When there is disagreement on anything, the process can be quite long, sometimes taking a year or longer, because court hearings, discovery, and mediation processes take time.

Issues such as child custody, property division, and spousal support can make a divorce even longer.

What Types of Divorce Are There in California?

There are mainly two types of divorces in California:

1. Uncontested Divorce: When both spouses agree on all terms, such as division of property, child custody, and spousal support. Uncontested divorces tend to be quicker because they don’t require a trial.
2. Contested Divorce: When spouses agree on all terms, such as division of property, child custody, and spousal support, the process can be quite long, sometimes taking a year or longer, because court hearings, discovery, and mediation processes take time.

California also has a summary dissolution option, which is a simplified process for couples who meet certain specific criteria, such as being married for less than five years, having no children, and having minimal shared property or debt.

Which Forms Are Required for a Divorce Petition?

Some primary forms are required to file for a divorce in California:

• Petition for Dissolution of Marriage (Form FL-100)
• Summons (Form FL-110)
• Declaration of Disclosure (Form FL-140), detailing financial information
• Response to Petition (Form FL-120), if the other spouse wishes to respond
• Judgment of Dissolution (Form FL-180), finalizing the divorce

Depending on the circumstances of your case, some additional forms will be needed, such as child custody or support forms.

What is the divorce process in California?

The general divorce process in California takes place in a few steps:

1. Filing: The divorce petition and summons are submitted to the court.
2. Serving: The non-filing spouse must serve divorce papers.
3. Response: After serving, the spouse has 30 days to respond.
4. Financial Disclosures: Both parties must exchange financial information with each other.
5. Settlement or Trial: If both agree, the divorce process moves forward smoothly. If not, mediation or a court trial is required.
6. Final Judgment: When a settlement or court decision is reached, a final judgment is filed that ends the marriage.

What happens when a divorce is contested?

Contested divorces occur when spouses disagree on one or more issues, such as child custody, property division, or alimony. In these contested cases, the following steps may occur:

• Discovery: Both parties gather information from each other, such as financial records, property valuations.
• Mediation: The court may ask both parties to resolve issues through mediation.
• Court Hearings: If mediation fails, the case is resolved through court hearings where the judge makes final decisions.

Contested divorces are time consuming and costly, and sometimes there are appeals, which can make the process even longer.

Other Important Factors

Several factors influence the timing of a divorce:

1. Children and Custody: Child custody and support disputes can slow down a divorce considerably.
2. Property Division: If property issues are complex, such as businesses, real estate or pensions, they can lengthen the divorce process.
3. Spousal Support: Negotiating an alimony in high-net-worth cases can also delay the process.

FAQs

How long can a divorce take in California if both parties agree?

If both parties agree to all terms, the divorce can be finalized after a six-month waiting period.

What is the average divorce time in California?

The average divorce in California can take anywhere from six months to a year or longer, depending on the complexity of the case.

Why does divorce take so long in California?

Disagreements such as child custody, property division, or spousal support slow down the process. Court schedules and legal motions also take extra time.

How can I speed up my divorce in California?

If you file an uncontested divorce, complete all paperwork quickly, and avoid legal disputes, the divorce process can go faster. Mediation also saves time.

Can you get an immediate divorce in California?

No, the six-month waiting period is mandatory in California and cannot be bypassed.

Can a divorce be expedited in California?

The six-month waiting period cannot be bypassed, but the process can be speeded up if you both agree to all terms quickly, file paperwork timely, and avoid legal disputes.

Conclusion

The length of time a divorce takes in California depends on many factors, such as an uncontested or contested divorce, cooperation of both parties, and legal complexities. The six-month waiting period is mandatory for everyone, but the process can be quite long if children, property, and finances are involved in the case. By understanding the complexities of divorce and seeking legal guidance, you can make the process easier and smoother.

This article is a complete guide to the California divorce process, which will help you understand the process and time frame.