A divorce sometimes becomes necessary for some couples who need to make a fresh start. Sometimes, once they have made the decision to divorce, a couple wants it to be over as soon as possible and pursue a new life for themselves. The divorce process can take some time, however, depending on the circumstances involved. If you are looking to get divorced, you may be wondering, “How long does a divorce take in California?”
In order to get a divorce in the state of California, certain requirements must be met. If both parties meet the requirements and are prepared to go through the divorce process, it will still take at least six months to complete the whole process.
These legal requirements must be met to qualify for a divorce in California:
- One of the spouses must be a resident of California for a minimum of six months before they file for divorce.
- One of the spouses must be a resident of the county where they are filing for at least three months.
If at least one of you meets these standards, you may begin the filing process. However, if neither of you meets the standards, then you will have to file in another state, or you may have to wait until you have met these standards. It is important to keep in mind that if one of you wishes to move before the divorce begins, this could affect your ability to file in California.
How to File for Divorce in California
Once you meet the requirements necessary, you can begin the filing process. Filing for divorce is legally known as filing a Petition for Dissolution of Marriage. Once this step has been done, the other spouse has a certain amount of time that they must give their response. If there is no response from that spouse, then you may have grounds for a default divorce, which allows you to continue with the divorce proceedings without needing any feedback from your spouse.
After you have filed, you and your spouse may come to an agreement on how to split the marital property and any debts that you have incurred together, decide on parenting time if you have children, and if child support or spousal support is necessary.
California has a six-month waiting period to give couples the time to make important decisions and resolve any disagreements. Sometimes, couples cannot agree to a settlement, and the court may have to make those decisions on their behalf. However, even if the couple can agree to a settlement together, they must wait six months for the divorce to be finalized.
When a divorce is finalized, the final paperwork must be given to the court. Once the judge receives all of the necessary documents, they will approve and finalize your divorce.
Different Kinds of Divorce
Within California, there are four kinds of divorces that may apply to most couples.
No-fault divorce
California allows for no-fault divorce, which means that an individual does not have to prove that their spouse’s actions caused the breakdown of the marriage. Instead, the individual may state another reason for divorce, such as irreconcilable differences.
Uncontested divorce
An uncontested divorce means that both individuals have come to an agreement on decisions that must be made on how to divide marital property, child custody, child support, and spousal support.
Limited divorce
A limited divorce is very similar to a legal separation.
Simplified divorce or summary dissolution
This kind of divorce only applies to couples who have been married for less than five years and do not have children or property. Additionally, the couple must file a no-fault divorce with a reasoning of irreconcilable differences.
FAQs
Q: How Long Does a Divorce Take in California When Both Parties Do Not Agree?
A: A divorce can take longer in California when both parties do not agree. When couples do agree, it will take at least six months to complete the divorce process. But if not, then mediation may be necessary to try to come to a settlement. If the couple cannot agree on a settlement, then the court will need to do it for the couple. If couples cannot agree, the divorce process can be lengthy and prolonged.
Q: How Soon Can a Divorce Be Finalized if Both Parties Agree in California?
A: A divorce can be finalized sooner if both parties agree in California. As the waiting period before a divorce is finalized is six months, and the couple can agree on all the decisions required, then the divorce process will be much simpler and smoother. If this is the case, then it is possible to finalize their divorce within six months.
Q: What Is the Difference Between a Contested and an Uncontested Divorce?
A: There are several differences between a contested and uncontested divorce. The main difference is that the couple can agree on all of the decisions that must be made, such as child support, child custody, spousal support, and how to divide marital debts and property. If the couple cannot come to an agreement, then they have a contested divorce, which must go to court, where negotiations will be made to come to a settlement.
Q: How Can You Speed Up the Divorce Process in California?
A: There are a few ways to speed up the divorce process in California. First, it is important to make sure that you qualify to file in California. As much as possible, come to an agreement with your spouse on dividing marital property and other important decisions. You may wish to consult with a divorce lawyer to make the divorce process smoother.
Consult with a California Divorce Lawyer
In order to start over and begin a new life, a couple may wish to rush through the divorce process. Depending on the circumstances involved, it can take time to complete the divorce process, from filing to finalizing. If you are looking to start the divorce process in California, consider consulting with a California divorce lawyer. Contact Hayes Family Law for assistance with your case.
