How Long Does It Take to Get a Divorce in California?

Divorce can be a tricky and long process, no matter how civil the separation is. Here is everything you need to know about how long it takes to get a divorce in California.

The divorce process in California will take at least 6 months from the time that the filing spouse informs the other spouse of the commencement of the process. This process can take longer, but it will never be less than 6 months. This 6-month requirement is due to the mandatory waiting period required by California law. A couple can get all of their paperwork done and filed as quickly as possible if they want, but the divorce will not be finalized for 6 months.

There is absolutely nothing that anyone can do to get past this 6 month waiting period. Due to this, the only way to get a divorce finalized quickly is to file quickly. With a mandatory 6 month waiting period, there is no reason to wait to get all of the papers in.

Divorce Residency Requirements

In addition to the 6 month waiting period, a court will not accept a petition of divorce if a couple does not meet the California divorce residency requirements. For most couples, this is not an issue, but this could push back the process for some other couples.

California law states that a couple cannot file for divorce until one spouse has lived in California for at least 6 months, and lived in the county they wish to file in for at least 3 months.

Factors Affecting How Long a Divorce Will Take

There are many factors that can affect the length of a divorce in California. While all divorces will take at least 6 months, some could take even longer if complications arise. Here are some factors that can affect the length of a California divorce:

Child Custody Disputes

Child custody disputes are usually the single most contentious matter in family law. These disputes are very emotional, and can often drag otherwise very simple divorces to court. It is usually best to settle these differences outside of the court if possible, as once the problem enters the court, the parents have no control over the custody of their child anymore.

California law has a presumption of shared custody. This means that unless one parent is shown to be clearly unfit, parents will end up with some sort of joint custody, usually very close to 50/50. Most family lawyers will steer couples away from the court system when determining custody so that parents can have a say in the specific schedule and find an arrangement that works best for each individual.

Child support is usually a much less emotional issue, but it still has the potential to draw out a divorce. Oftentimes the payer feels like they are paying too much, and the receiver feels they are not getting enough money to properly support their child. Both parents will ultimately have to compromise. Attorneys can often point parents in the direction of the California formula used to determine child support amounts. This is a helpful tool that can allow both parents to know what is expected of them whether or not they decide to go through the court.

Division of Property

California is a community property state, meaning that each spouse gets to keep 50% of everything that they made during the marriage, and 100% of everything that they made before the marriage, received as a gift or inheritance. However, this does not mean that dividing up property is a simple and easy task.

While each spouse gets 50% of their shared assets, there are often battles over which spouse gets which 50% of their assets. Unlike child custody and support, there is no standard way on how to split everything up, so this can often drag a divorce out. A couple may be able to speed up this process by focusing on the things that matter the most, and comprising on the smaller details.

Which Divorce Method You Choose

Many people think that the default divorce method in America is a court battle due to the media. In reality, only about 5% of divorces conform to this stereotype.

There are lots of different options that couples can take when choosing to file for divorce. There are two overarching types of divorce: contested and uncontested. An uncontested divorce is when both spouses are able to come to an agreement on their own. This type of divorce is often the fastest. A contested divorce is when spouses are unable to work out their differences on their own and need to get attorneys involved instead. Contested divorces are often the ones that are dragged out for a very long time.

Couples that are going about uncontested divorce have been increasingly partial to the online divorce route in recent years. Online divorce takes some of the pressure and confusion surrounding paperwork off of the individuals, and costs a lot less than a lawyer or mediator would. It also keeps the entire divorce process out of a California Superior Court.

If there are disagreements to be worked out, many couples opt for a divorce lawyer or mediator. Another option (although less common) is for each spouse to hire a lawyer and a mental health professional to serve as their personal advocates. Each spouse’s personal advocates will then meet to work out all of the kinks in the divorce process. This approach, also known as the collaborative approach, is often slower than mediation but faster than the traditional, adversarial approach.

FAQs About How Long It Takes to Get a Divorce in California

How long do you have to be separated in California before can you file for divorce?

Couples do not need to be separated at all before they can file for divorce. As long as one spouse has lived in California for 6 months and has lived in the county the couple is filing in for 3 months, couples are eligible to file for divorce.

How can I get an emergency divorce in California?

In California, there is no way to bypass the 6 month waiting period after filing. However, if a spouse fears for their safety, they are able to get a restraining order against their spouse at the time of filing.

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If you or a loved one have any more questions about the length of a California divorce, contact us. Get your free consultation with one of our experienced California Divorce Attorneys today!