How long does it take to get a divorce in California? there is no quick answer to how long a divorce will take. The simplest response is that it varies.
Even divorces that are mutually agreed upon in California are not always the same. Thus, follow this article to get an estimate of how long it will take for your divorce process.
How Long Does a Divorce Take in California?
To apply for divorce in California it takes a minimum period of six months. One of the spouses must have lived in California for the previous three months. Divorces involving complex concerns such as considerable assets and children are frequently contentious.
– The Aspects for the Time Period
You must also live in this specific county where the divorce decree will be filed for at least three months prior to filing. One of the spouses must have lived in California at least six months prior to submitting the divorce petition.
However, the intricacy of divorces varies. California Divorce processes are significantly slowed as a result of this.
The notion of “uncontested divorce” was first implemented in California. In California, a dissolution of marriage can be granted if the court orders that the marriage has irreversibly broken down due to “irreconcilable differences.” In practice, this implies that a married person who wants to divorce can do so even if the other partner prefers to stay together.
No one has to establish that the divorce was caused by someone’s wrongdoing (this is called a no-fault divorce). Even if the other person does not desire a divorce, you can acquire one.
To end a marriage or domestic relationship, you can divorce. A legal separation follows a similar procedure, and you can follow the required steps. For an annulment, you’ll need a distinct set of guidelines.
The Factors Affecting The Length of Divorce in California
– California Waiting Period
There is a statutory waiting time under California divorce law. That implies a divorce decision will not be issued by a California court until six months after the divorce petition is filed.
You won’t be able to escape the six-month wait if you try. It applies even if your formal separation occurred decades before you filed the petition.
As a result, if you want to be divorced quickly, the best thing you can do is fill out the first divorce form, pay the filing cost, and start the divorce process yourself. The sooner you start your divorce lawsuit, the faster it will be over.
– Residency Requirement
Legally married people cannot file the California divorce petition unless at least one spouse has lived in the state for a minimum period of six months, according to California law. Furthermore, one of the spouses must have lived in the filing county for at least three months.
If you and your husband want a quick divorce, California family law gives you one lucky break: no-fault divorce. In many places, the filing spouse can claim legal culpability for the dissolution of the marriage, but they must prove it in court.
Most divorces seldom make it to court, contrary to popular belief, therefore the added element of the blame can often result in a significantly longer divorce procedure. Meanwhile, you do not have this choice in California. Instead, “irreconcilable conflicts” are considered to be the cause of all divorces.
– Division of Property
At the conclusion of six months, a divorce is not automatically awarded. Before a divorce may be finalised, the parties must disclose all of their assets and obligations, as well as agree on property distribution, custody of children, support payments, and spousal support. The divorce can be finalised if a Marital Settlement Agreement is negotiated and the six-month waiting period has passed.
It might take more than six months to achieve an agreement in some cases. The six-month waiting period is over in those circumstances, and the divorce can be finalized as soon as the Marital Settlement Agreement is submitted to the court.
Other times, the parties are unable to come to an agreement on their own. After six months, a California divorce lawyer may tell the court that the marriage will require a trial. Obtaining a court date might take some time, but there are ways to speed up the divorce process.
– Child Custody & Child Support Orders
Before completing the divorce, a spouse may frequently request that the Court issue urgent orders. Temporary child custody and visitation orders, child support, and spousal support (commonly known as alimony) are the most prevalent demands.
You may choose to file your request for interim orders at the same time as your original divorce papers or response if you foresee conflicts between you and your husband during the divorce process. If you and your spouse are on the same page when it comes to your children and/or financial support, interim orders may not be necessary.
You can always submit a motion later in the divorce process if unanticipated complications occur. The necessity for interim orders, as well as the timeliness of your request, is entirely dependent on the circumstances of your case.
What Is Summary Dissolution in California?
Summary divorce is a faster, less difficult approach to dissolving a marriage or domestic partnership than the traditional process, but it’s not for everyone. If you have no children, little assets and obligations, and your marriage or relationship lasted less than five years, summary divorce may be an option for you.
You can finish your divorce by filing the required papers and signing an agreement if you qualify and your partner or spouse agrees to summary dissolution.
If you are living in California and are thinking a summary dissolution, you should be aware of the circumstances under which the petition will be granted. In California, couples who do not satisfy the tight conditions will not be able to get a simple divorce.
Requirements for a Successful Summary Dissolution Grant in California
The following are the requirement dissolution in California divorce:
- One of the spouses/partners must have resided in California for at least six months prior to the filing of the petition;
- If one partner had resided in the county where the petition is being filed for at least three months prior to the petition’s filing date;
- Due to irreconcilable problems, both spouses/partners agree to seek to dissolve the marriage/partnership.
- The marriage/partnership lasted no more than five years;
- The couple does not have any children together and is not expecting a kid.
Neither spouse/partner owns any real estate, such as houses or land; neither spouse/partner has more than $6,000 in debt (excluding vehicle payments); neither spouse/partner has more than $38,000 in separate property.
Both spouses/partners agree to surrender their alimony rights; both spouses/partners agree to forgo their right to appeal the summary dissolution, and both spouses/partners agree to read the Summary Dissolution Information booklet issued by the court where they are petitioning.
– Applying for a Summary Dissolution
You and your spouse can apply to the court for a summary dissolution if you meet all of the above criteria. From start to completion, the procedure will take at least six months, so be prepared to wait a long time after submitting all of the essential papers.
Please note that the hours of labour required to make the essential preparations and arrangements indicated below are not included in this 6-month schedule.
Summary dissolution is sometimes promoted as a less costly and time-consuming alternative to divorce. This is true if both couples are completely in accord on how to proceed. However, the procedure can rapidly get difficult, especially if one or both spouses have assets and debts that exceed the state’s allowable limitations.
If you hire legal document preparation businesses, the costs may surpass your expectations, since their prices can occasionally rival those of an attorney.
Frequently Asked Questions
– What Is the Cost of Getting a Divorce in California?
It’s practically hard to estimate the cost of a divorce in California, or any other state, without knowing specifics about your circumstances. According to statistics, the average cost of a divorce in California is roughly $17,500, but the total cost depends on how many contested issues there are, how long it takes to reach a settlement, and what sort of process is employed.
A divorce containing contentious issues such as property division, child custody and support, and spousal support that necessitates litigation, for example, will be substantially more expensive than a divorce with no contested problems that is concluded outside of court. Furthermore, if there are little children, major assets, or one spouse seeking support, a divorce is likely to be more expensive.
– What Are the Steps To Get a Divorce in California?
To start the California divorce process, you’ll need to fill out a few paperwork, including a Petition and Summons form, which will be submitted to the family law clerk’s office. There is a comprehensive list of needed forms.
You must send the original paperwork, as well as two extra copies, to the family law business office after your divorce papers have been filed. A filing fee of $435.00 is also required. If your financial circumstances make it impossible for you to pay the filing fee, you may request that it be waived.
Your original divorce document and financial disclosures will be filed and kept by the family law clerk. The additional copies will be stamped and returned to you by the clerk. One copy will be kept for your records, while the other will be delivered to the recipient.
In conclusion, Mutual divorce without a fight is usually significantly speedier and less expensive than a divorce with a fight. One reason for this is that you may be entitled to a simple dissolution if your divorce is uncontested. Further, we conclude the following:
- The California divorce process has a waiting period of a six-month wait if you try. It applies even if your formal separation occurred decades before you filed the petition.
- Before a divorce may be finalised, the parties must disclose all of their assets and obligations, as well as agree on property distribution, custody of children, support payments, and spousal support.
- In California, a dissolution of marriage can be granted if the court determines that the marriage has irreversibly broken down due to “irreconcilable differences.
- In a divorce case, Your original divorce document and financial disclosure will be filed and kept by the family law clerk. The additional copies will be stamped and returned to you by the clerk.
Start your divorce case by reading the guidelines provided in this article. This article might help you to get a divorce without the help of a divorce attorney.
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