We probably get 10 calls a day for our service and the number one frequently asked question is, “How long does the divorce process take?” I want to answer this in a few different ways.
The soonest a divorce in California can be completed is six months. California has what is called a “cooling off period”.
This means that the effective date of you becoming a single person can be no sooner than six months (plus one day) after your spouse is served.
Keep in mind that the clock on the six months starts to tick after your spouse is served the divorce papers. Many people believe that the six months starts after they file. This is not correct. You have to file your divorce papers and then have your spouse served. The service date starts the clock.
Many people believe that they have to wait the six months to file their final divorce paperwork. This is also incorrect. As a general practice we routinely file the final divorce paperwork as soon as 30 days after the date of service.
The reason we do this is because the Courts are so impacted with divorce cases that they can take as long as four to five months (or longer) to review and approve your final divorce documents. That said, we submit the final paperwork as soon as possible, knowing that it will take several months to get signed by the judge.
If you follow this practice, you may even have your case approved by the court prior to the six months. This is generally what happens with the cases we handle. If this happens, you will have an effective date which will be post dated out to the six-month mark. If you wait the six months and then file your final divorce paperwork, you are looking at an additional four to six months for the Court to review and approve it.
Tim Blankenship is a Legal Document Assistant (LDA) and has worked for the Los Angeles Superior Courts, Self Help Centers and one of Santa Clarita’s largest family law firms.
For more information please visit www.Divorce661.com or call us for a free phone consultation at 661-281-0266.