Considering that divorces are like snowflakes, no two are alike, there’s no easy answer to that question. You can safely assume, however, that it will take at least 6 months, because a 6 month “cooling off” period is mandatory in California.
Still, there are variables that are within your control. Amy Laughlin, Founder and Managing Partner of Laughlin Legal Divorce & Family Law Group in Santa Clara has been guiding clients through divorce in the state of California long enough to know how to circumvent the things that slow down a divorce. Below are Ms. Laughlin’s answers to some of the most frequently asked questions on divorce in California.
Q How long does divorce take in California? And what determines the length?
AMY LAUGHLIN So in California, under the Family Code, the shortest length of time it can take to get a divorce is 6 months. That’s a state mandated waiting period for all divorces. The clock starts the day you serve the other party with divorce papers.
On the opposite end of the spectrum, there are high conflict divorces where the parties cannot agree on even the smallest issues and refuse to budge. These cases often involve complex financials and/or complex child custody disputes. There’s a famous divorce case in Orange County that took more than 12 years to resolve.
Q Why is there a California divorce waiting period?
AMY LAUGHLIN The mandatory waiting period was established in 1970 as sort of a cooling off period. Its intent is to put a pause on the rush to divorce, and offer couples time to make sure that’s what they want to do. And maybe reconsider, even reconcile. It doesn’t happen often but it does happen.
It can be beneficial even for couples who are not destined to reconsider in that they might enter into mediation and discover that they’re not as far apart on the various issues than they might have otherwise thought. It can lead to a quicker, less contentious divorce.
Q Is it possible to share a contested divorce timeline in California and an uncontested California divorce timeline?
AMY LAUGHLIN An uncontested divorce with no children where both parties promptly provide the required financial disclosures and sign a settlement agreement can realistically be completed in 6 to 9 months total.
A contested divorce means a divorce where the parties cannot agree on one or more of the major terms of the settlement agreement and they require the help of a judge to resolve their dispute. Contested divorces can take months even years longer due to things like formal discovery, complex financials, custody disputes, court availability, and sometimes adversarial lawyering.
Q How long to get divorced in California for an uncontested divorce and no children?
AMY LAUGHLIN Again, the statutory minimum is 6 months meaning if you had gathered everything you’d need during the 6 month waiting period – financial disclosures, asset valuations and division, and a signed settlement agreement – you could literally get divorced in six months. It does happen, though not often.
Q Is the minimum divorce process time in California the same thing as the divorce finalization time in California? And what is it?
AMY LAUGHLIN They can be the same but they seldom are. You can legally get divorced the day your waiting period expires, but that’s rare. Finalization is when the judge signs the judgment of dissolution and you’re officially divorced, but that day may be postponed for any number of reasons not all of them attributable to the parties, for instance, court availability and attorney availability can play a role, too.
Q What can make a divorce timeline longer than the 6 month divorce finalization time in California?
AMY LAUGHLIN It’s rare that a divorce is final the day after the required waiting period expires because there are hundreds of things that could postpone it if only by several days. Think of it as Murphy’s Law. If you’re determined to be divorced on the very day your waiting period expires, something will arise to derail your plans. It could literally be as small as a typo on your judgment. Many things can contribute but formal discovery and lack of cooperation are the biggest timeline extenders.
Q What can I be doing to move things forward during the mandatory 6 month waiting period for divorce in California? How can I make that productive?
AMY LAUGHLIN Good question. First, choose a good attorney who has availability for your case and work with your attorney to promptly get your financial disclosures done because as soon as everybody’s exchanged financials, we can each propose settlements to the other side. And be cooperative with the other party. Don’t expect everything to go your way; be reasonable and open to compromise with the other party.
I typically reach out to opposing counsel early on to get a sense of how close or far apart the two parties are on the terms of settlement. You might agree on everything. Or you might find that the things you disagree on can be resolved in mediation and you can avoid litigation altogether. That’s a best case scenario.
Q What are the essential California divorce process steps?
AMY LAUGHLIN The steps to get divorced in California are:
1 First, file and serve a petition for divorce. It has to be hand-served by someone other than you.
2 Obtain a response from the other party.
3 Exchange financial disclosures with each other.
4 Resolve issues, and draft and sign your marital settlement agreement.
5 File your agreement with the court, along with judicial council forms that formulate the judgment.
6 Once the court signs it, you are divorced.
Ideally you’d hire an attorney before you begin. While it’s not legally required, it’s definitely in both parties’ best interests to hire an experienced attorney who can help you navigate the process efficiently and to your best advantage.
Should you consider a divorce attorney from Laughlin Legal for your California divorce?
Laughlin Legal Divorce & Family Law Group is a collection of some of the most experienced divorce and family law attorneys and mediators in California. Laughlin Legal is trusted throughout the state for their ability to skillfully help divorcing parties achieve a better outcome.
If you or someone you love is headed for a divorce or requires help with another family law issue, let’s talk. Call us now at 650.343.3486 to schedule a consultation with a Laughlin Legal divorce attorney. If you’d prefer, you can email us to set up your appointment. If we miss your call, we will respond promptly and call you back as soon as possible.
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