How Long Should I Expect My Divorce to Take?
When you are considering or actively planning for a divorce in Santa Clara County or San Mateo County, you may be wondering about the timeline of the process. There is no specific statutory timeline for a divorce in California, though there is a statutory waiting period, which we will explain in more detail below. The general timeline for a divorce is determined on a case-by-case basis, including whether you will have a contested or uncontested divorce, and the complexity of the issues at stake and the cooperation of the parties involved. Our Santa Clara County and San Mateo County divorce lawyers can explain the relevant factors in more detail and help you understand a potential timeline.
Waiting Period Under California Law
There is no set timeline for a California divorce to be finalized. Instead, the timeline will depend on factors specific to your case, which we will discuss in more detail below. There is, however, a mandatory six-month waiting period that you can expect at a minimum.
There are two separate six-month requirements that you will encounter in the California Family Code. First, you must meet a six-month residency requirement, meaning that you or your spouse must have been a California resident for at least six months before you can file a Petition for Dissolution of Marriage (i.e., divorce) in the state.
The waiting period we are referring to, however, is a separate matter. Under Section 2339 of the California Family Code, no divorce can be granted “until six months have expired from the date of the service of a copy of summons and petition or the date of appearance of the respondent, whichever comes first.” In sum, your divorce cannot be finalized until six months have passed from whichever of these occurred first: the date the respondent was served with the Petition for Dissolution of Marriage, or the date the respondent filed a Response and Request for Dissolution of Marriage. This six-month waiting period applies even if the parties agree on how every issue in the dissolution will be resolved.
Factors Affecting a Divorce Timeline in California
Outside the mandatory minimum waiting period, the major consideration in your divorce timeline is whether your divorce will be uncontested or contested and the complexity of the issues that must be resolved whether by agreement or court order. An uncontested divorce means that you and your spouse have reached an agreement about all factors, including the distribution of community property, support, and child custody if relevant, and the court can sign off on your agreed-upon terms. A contested divorce is one in which even one issue (but often more) cannot be agreed upon, and the parties will go to court and the judge will make a determination on the issue or issues in dispute.
The more issues that are in dispute, and the more complex those issues, the longer a case may take to finalize. On the other hand, even cases with non-complex issues may take longer if one or both parties are uncooperative or unresponsive.
Contact Our California Divorce and Family Lawyers for Assistance in Santa Clara County and San Mateo County Today
If you are planning for a divorce in California and want a better understanding of the timeline ahead, it is important to seek legal advice. As we discussed above, there is no set timeline for a divorce in California except for the mandatory waiting period. Otherwise, your timeline will be based on the specific facts and circumstances of your case which is difficult to predict. A lawyer can, however, help you to understand how various factors are likely to affect the timing of your case. You should reach out to an experienced Santa Clara County and San Mateo County divorce attorney at Foster Hsu, LLP for more information and for assistance with your divorce proceeding in California. Contact us today.
Sources:
codes.findlaw.com/ca/family-code/fam-sect-2320/
codes.findlaw.com/ca/family-code/fam-sect-2339/
