How Long Will My Divorce Take?

One of the first questions new clients often ask is, ‘how long will my divorce take?’
There is no simple answer to this questions since each individual case has its own set of circumstances. The short answer is, you will remain married for at least six months in California after you file your Petition for divorce. California is one of several states that has a waiting period to make sure you really want to do what you’re about to do.
The Filing:
California’s residency requirement for divorce is six months, so you must live in the state at least this long before you can file. After you file and serve your Petition for divorce on your spouse, they have 30 days to respond to it. You or your attorney can waive the time requirement it and give your spouse more time to respond, if necessary. If your spouse asks for more time and you don’t allow for more time to respond, the Court will most often grant additional time. This is why having an attorney from the beginning is always best. Navigating the minor issues appropriately can help insulate the impact of the overall process
The Waiting Period:
California’s six-month waiting period begins on the date you serve your (Ex)spouse with papers, not necessarily when you file your Petition. Both must occur before the clock begins ticking. If you and your spouse do not already have an agreement as to how you’re going to resolve issues between you, you can use the six months to try to reach one. In California, when you reach such an agreement, you and your attorney need only submit it to the court. When the waiting period expires, a judge will sign the Judgment.
The Settlement Process:
If you and your spouse have children and you haven’t decided on custody and a parenting plan at the time you file your Petition, California requires you to attend custody mediation prior to the Court conducting a hearing on custody and visitation. Once you file your Petition for divorce, the court allows either you or your spouse to set a hearing date, requesting the Court make orders on issues that cannot be agreed to.
The Quickie Option:
A unique aspect of California’s family law code allows you to become divorced even if you and your spouse have not yet settled all issues of property and custody. You can “bifurcate” your divorce. The court will terminate your marital status at the six-month mark or whenever you request it after the six months have expired, and leave the other issues open so you and your spouse can litigate or continue to negotiate them.
The Attorney:
Having an attorney with you throughout the process is one way to ensure your divorce is handled properly and efficiently. Some divorces take several years to complete when there are significant property and/or disagreements. Going to trial is something most attorneys try to avoid not only because of the expense, but because often you end up close to what the initial discussions involved. If you are able to remove the emotional aspect, you can quicken the process. Having the right attorney is key to making sure you have your long term needs met and that both parties feel satisfied with the outcome.
For more information and to schedule your consultation, please call The Law Offices of Steven B. Chroman, P.C., at 661-255-1800 or visit us at www.chromanlaw.com. Mr. Chroman is a Trusted Advisor Award Winner and named Top 100 California Attorney’s with over 25 years of experience and local service and a 2021 Super Lawyer.