Divorce takes time. Six months must elapse from the date of service of the summons and divorce petition (or the date of the ‘appearance’ of the respondent, whichever occurs first), as required under California Family Code Section 2339(a) before a divorce can be final. r. This requirement is in place to allow couples to reconcile if possible.
One of the spouses must have been a legal resident of the State of California for at least six months prior to filing for divorce and a resident of the county where the divorce is filed for at least the last three months prior to filing for divorce.
If you meet the requirements above, the divorce will take at least six months even if you agree on all divorce terms.
. There is no legal way to speed this process up. You must wait at least six months after the date of service of the initial divorce papers (or ‘appearance’ of the responding spouse), but there are many circumstances that may prolong the divorce process.
Spouses who agree on the division of property, child custody and other important divorce matters can streamline the process as much as possible. However, many circumstances can delay proceedings, which we’ll be happy to help you work through ahead of time.
What Are The Circumstances That Could Prolong Or Delay A Divorce?
Divorces in California are already subject to a six-month waiting period, but proceedings could be, and often are, further delayed. Some circumstances that may prolong a divorce can include:
Complex Asset Division
When divorces involve numerous or high-value assets, property division can be complex and may delay proceedings.
The greater the assets, the more time it will take to go through them and ensure a fair division.
Complex assets can also extend a divorce, such as a business owned together as a married couple or significant investments acquired during the marriage. These types of assets will generally take more time to divide, as they may require valuations and additional steps to determine equal division.
Uncooperative Spouses
If spouses cannot come to an agreement on issues, proceedings can drag on for months or even years. Contested divorces often involve lengthy legal protocols, which may include trials, court conferences, and discovery to obtain necessary evidence. Each of these steps can be time-consuming, and delays are likely.
Emotions can further complicate things. Spouses who are struggling with the emotional aspects of a divorce may not make rational decisions or be reluctant to cooperate.
If one party is uncooperative, it can extend the discovery process and make negotiations more difficult.
Child Custody Disputes
Child custody is often a contentious issue in a divorce. Some spouses can come to an amicable agreement or work together to come to a compromise that benefits everyone.
However, some couples may disagree on custody and support arrangements, which can delay proceedings. If both spouses cannot reach an agreement, the court will decide on the matter, further delaying the finalization of the divorce.
Allegations of Domestic Violence
When divorces involve allegations of domestic violence, proceedings may be lengthier and more complex. If a restraining order is put in place, this can complicate negotiations between the spouses.
The court may investigate the accusations and criminal proceedings may be involved. Overall, the process may require more court oversight, which can extend the divorce.
What Are Factors That Could Simplify The Divorce Process For Both Parties?
Just as there are several factors that can prolong a divorce, there are also factors that could simplify and streamline the process, such as:
- Willingness to compromise and come to an agreement on important issues. Couples who are cooperative and willing to find an agreeable solution can often move through the divorce process more quickly. If you both can come to an agreement on all terms, then you may have the option to pursue an uncontested divorce, which is generally quicker and less costly than a contested one.
- Whether you meet the requirements for a summary dissolution. If your marriage meets certain requirements, such as lasting five years or less with minimal assets and debts and no children, you may be eligible for a summary dissolution. Summary dissolution streamlines the divorce process. However, its applicability is quite limited.
- Your assets and debts as a couple. Even if you don’t qualify for a summary dissolution, having few assets and debts will simplify property division and can help speed things up. Additionally, if there are no minor children involved, proceedings may be quicker, as there are no custody or support issues to hash out.
Divorce is an emotional, trying time, even when both couples are amicable and agree on all divorce terms. We can guide you through your divorce to avoid any unnecessary delays along the way.
Schedule a consultation to speak to an attorney in California about your divorce.
