Divorce Myths – It Always Takes Years to Get Divorced in California – Reape-Rickett Law Firm

When it comes to divorce and family law, there are countless myths which not only cause confusion but can lead people to make inadvisable decisions. One misconception people have is that divorce always takes years. For some people going through divorce, it may take years to finalize. However, not all divorces are lengthy. In California there are a few requirements that must be reached before parties can be officially divorced.
The first is a residency requirement. To file for divorce in California, you or your spouse must have lived in California for at least six months and in the county for at least three months immediately preceding the filing. Once the residency requirements have been met and one spouse files for divorce, they must then serve the summons and petition to the other spouse. From there, the clock begins and the soonest you can be legally divorced is six months and one day from the date of service.
The main factor for how long a divorce takes in California is the parties. If both parties can reach an agreement on the issues, it can be finalized relatively quickly. However, for many exchanging the required financial disclosures, determining property division, spousal support, and other issues take longer than six months to resolve. In situations where there are children, custody/visitation, and support, it can take months or years to resolve. Furthermore, it’s not uncommon for parties to update or modify their agreements throughout the process and after their divorce has been finalized. In those circumstances, parents can be in and out of court until their children are 18 and the court no longer has jurisdiction over visitation and support.
While it’s possible to have your divorce finalized in six months, it can and often take longer due to the parties’ situation and their ability to work together to resolve their issues. Most divorces in California are finalized in a year and a half, but every family is different. If you are considering divorce, speak with one of our highly experienced divorce and family law attorneys today at (888) 846-6166 or visit www.DivorceDigest.com.