Get California Online Divorce Forms for $299 – Limited Time Offer!
Get California Online Divorce Forms for $299 – Limited Time Offer!
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Dina Haddad
Founder & Attorney Mediator
I’m Dina Haddad, a family law attorney-mediator in California. I’m so tired of couples not having a process that’s easy to complete their divorce. They are getting lost, wasting time and money, and beyond frustrated with their results.That’s why I created TheCompleteDivorce. I took my successful mediation practice and condensed it into an affordable and winning program.
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Divorcing is difficult, but knowing the process helps you take control. When you are considering how fast you can get divorce, please weigh two very important principles: (1) Do my spouse agree on all divorce issues? (2) If not, what does it take for us to agree?
If you do not agree on all issues, and most people have at least 1-2 issues that they do not agree to, what does it take for you to reach an agreement?
Those who still have areas of disagreement are able to get a speedy divorce if they understand the law, their options, and the divorce process and, secondly, cooperate with one another to reach agreement.
When both parties understand their law and their options, it creates more opportunity for negotiation and settlement, which results in a quicker divorce.
This guide outlines the average waiting time for uncontested, contested, and special case divorces, so you know what to expect, and how you can minimize your divorce time.
Want a quicker, cheaper divorce? Find out if you are eligible for an online uncontested divorce today.
Key Takeaways: California Divorce Timelines
In California, almost all divorces take a few months, but the true timeline depends on your case. For example, uncontested divorces can be resolved quickly, while contested cases (with disputes over children, money, or property) can take many years to resolve.
Keep in mind that a contested case means your case went to trial. All other cases are uncontested. This means uncontested cases can be wildly different.
You could have never gone to court and filed your divorce online using a DIY service like The Complete Divorce; or, you could have had several court hearings, but resolved your matter before trial.
Here’s what actually controls how fast your divorce moves:
If you require a court hearing or trial on your matter, you are guaranteed a longer divorce time. Court hearings and trials take a long time given the court has a very busy schedule.
An uncontested divorce is where you and your spouse agree upon everything at the end of your case —there are no issues regarding children, money or property.
In other words, you and your spouse sign a final agreement, such as a Marital Settlement Agreement, at the end of your case.
You did not need to go to trial. In most uncomplicated cases with no children and simple finances, the process can take about 6-8 months if the paperwork is done correctly.
In California, even if both parties are in agreement, they still must wait at least 6 months after the date of filing before their marital status e divorce can dissolve should they finish their divorce papers prior to the 6 months.
Read More: How to Verify If My Divorce is Final?
A contested divorce is when you and your spouse cannot agree on the final terms, whether that is permanent custody orders of children,permanent child and spousal support, or dividing the marital assets.
Divorces that are contested or have hearings on temporary issues generally take 1-3+ years due to hearings, negotiations and potential trials.
Typically, the more complicated your divorce, the longer it takes. A simple divorce with no major disputes can be resolved quickly.
But when money, children, or support are unsettled, the divorce may take anywhere from 6 months to years.
However, you can reduce the amount of conflict you have with your spouse by educating yourself on the law and options, with The Complete Divorce.
Understanding the law creates more opportunities to negotiate and settle, which reduces conflict and shortens your divorce time.
If you and your spouse can agree on how to divide the bank account, cars, or other property, then your divorce will not take much longer.
If you own a home, businesses, or have significant debt, however, it may take longer. It may take longer to investigate options, such as figuring out whether a mortgage can be assumed, and working with professionals such as a mediator or consulting attorney.
Needing appraisals, negotiations, and court battles to determine “who gets what” can all add months to the divorce process – 6 months, or maybe even longer. Without complex issues, there is little to no added time.
Your divorce will proceed smoothly if both parents can understand their options for child custody and child support and then reach an agreement.
However, if there is a dispute regarding parenting time or how much support should be paid, the court may order evaluations and hearings, adding another 6 -12 months to your case. The more parents disagree, the longer the divorce case takes.
If neither spouse has asked for alimony or you come to an agreement quickly, this shouldn’t delay things.
If you are requesting spousal support (or your spouse is), it’s important that you learn the rules and use that to reach an agreement.
If you demand amounts or refuse to pay support based on feelings, you can end up in a costly legal battle. Instead, understand the law and options so you can quickly reach an agreement.
Even if you and your spouse are ready to go, external considerations such as crowded court schedules and attorney delays can create unfortunate delays.
California has some courts with large caseloads that push divorce hearings a number of weeks or months out.
For example, divorces in busy places such as Los Angeles or San Francisco can take an additional 3 to 6 months to obtain a court hearing compared to counties with fewer caseloads, such as Fresno or Sacramento.
Your attorney’s schedule matters as well. An attorney who is overbooked, misses deadlines, or takes weeks to respond to you can certainly take longer than required to navigate the divorce process.
On the other hand, a lawyer who is efficient – or even handling the uncontested divorce without a lawyer – can help keep things moving quickly.
If you want to avoid costly delays, divorce mediation services with Dina Haddad can be a fast option for bypassing the court system altogether.
California has a 6-month waiting period before your marital status can dissolve for all divorces starting from the time your spouse is served with papers.
For uncontested divorces, your case can still be finalized prior to the 6 months elapsing so long as your paperwork has been properly completed and filed with the court.
On the other hand, contested divorces often take much longer, in many cases years. This depends on how many issues you are fighting over and how much the case winds through the courts. It is rare for a contested case to be finished before the 6 months time frame.
Also, in California you cannot waive the 6 month waiting period. Even if you and your spouse have come to an agreement about everything, you still have to wait at least 6 months from the time it was served until it is finalized.
A divorce in California involves several important steps, each adding some length to the process.
The minimum amount of time for your marital status to dissolve is 6 months (since there is a waiting period), but the length of time that it will actually take is very dependent on how smoothly each step goes.
Here’s what to expect at each stage, from filing to final judgment.
The entire process begins when one spouse files the divorce petition with the court (Form FL-100).
When the documents are completed correctly, most courts will process the divorce petition in 1–2 weeks. However, if there are errors in the paperwork or if the court is backlogged, it might take longer.
After filing, your spouse must be served with the divorce papers (Form FL-115). If your spouse accepts the service without problems, it may take 1-2 weeks.
If your spouse evades being served, a process server or an alternative means may be required, which may take 3-4 weeks or longer.
California requires both spouses to exchange financial documentation (Form FL-142), which contains your income, debts, and assets.
If both parties cooperate, this is usually completed within 1-2 months. If you miss the deadlines or hide assets, this can take several additional months, particularly in contentious divorce cases.
If you and your spouse resolve all contested issues and reach an agreement, a settlement can be reached quickly, within weeks.
However, if you and your spouse disagree, mediation or court hearings can add an additional 3-6 months to your divorce. A full trial is possible, but rare. If it occurs, I believe it will take a year or more because availability in court and getting hearings set are tenuous at best.
When all issues have been resolved, the matter will return to the judge for final review and the judge signs the final divorce decree (Form FL-180).
This usually occurs within 1-2 months of paperwork submission in most cases, but it may take longer in busy court systems, such as in a high-volume county like Santa Clara or San Francisco, or smaller counties with fewer clerks for processing.
One more thing people ask here is how long it takes for a judge to sign a divorce decree. The answer is 4-8 weeks usually, depending on the workload of the courts.
While the vast majority of California divorces take time because of the long court waits, and you cannot have your marital status until the six-month waiting period has elapsed.
However, some circumstances have exceptions that either expedite the process, or alter other requirements.
Below is what you should know for a fast and successful divorce:
If you qualify for a summary dissolution, you could potentially finish your divorce proceeding in 3 – 4 months, which is faster than our standard divorce process.
You must meet all of the following requirements:
If you meet all of those requirements, you will be able to skip much of the paperwork and court appearances as a result!
However, you still have to wait out the California 6 month waiting period before the divorce is finalized.
If you’re registered domestic partners, divorce has the same timelines and rules as marriage, including the 6-month waiting period.
If you’re not a registered domestic partner, there’s one significant change:
Want to finalize your divorce even faster? While the six-month waiting period in California cannot be avoided, these expert-recommended methods could help you eliminate unreasonable delays and complete the divorce process as quickly as possible.
If you and your spouse agree on all major divorce issues, then an online divorce service, or a DIY divorce, can save you months of back-and guidance for filing and reducing errors.
This option is affordable compared to traditional divorce and is a great option for less complicated divorce where the parties can work together to resolve their matter.
Before you choose to battle in court, consider mediation. A neutral mediator will help you and your spouse negotiate agreements on child custody, assets, and support in as little as 2-4 sessions.
Mediation is faster, cheaper, and much less stressful than litigation and keeps control in your hands, versus handing decision-making to a judge.
Not all law practitioners or providers will be as fast, so you should look for:
Also, do your best to avoid harried attorneys who are too busy and might unnecessarily delay your case.
Errors in paperwork or inadequate communication can delay a divorce a couple of months. To avoid delays:
All California divorce cases have a minimum 6-month waiting period before the marital status can dissolve.
Additionally, the courts are backlogged so it can take time just to have papers filed.
Beyond these issues, your timeline will depend on other elements such as the level of complexity of your case, the process you choose to complete your divorce, and whether your spouse cooperates with you.
Uncontested divorces are often concluded in about 3-18 months, while contested divorces can last several years.
To expedite your divorce timeline, resolve issues with your spouse, avoid going to court if possible, file your documents accurately and timely, and mediate where possible.
Want the quickest, most affordable option? Check now if you qualify for an online uncontested divorce in California.
Generally, the whole process takes 3-18 months from the time your petition is filed until your divorce is finalized, if the paperwork was completed properly.
Most divorces in California take about 1 -2 years to finalize, but many factors can affect the timeline.
Uncontested divorces usually take about 3-18 months if both parties do not have conflicting issues, while contested divorces, or divorces with disputes, can take 2-3+ years depending on the availability of the courts and delays from negotiations.
Divorce timelines depend on a variety of issues, including backlogged courts, disputes over children/assets, and paperwork errors.
Complex cases will require more hearings and, hence, require more time to finalize.
If your case is not contested, you can:
If you are not having disputes and your case is relatively easy and straightforward, choose online divorce services.
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