One of the first questions people ask when considering divorce is: How long is this going to take?
In California, the shortest answer is at least six months. However, that does not mean every divorce will be completed in six months. Depending on the issues involved and whether the spouses can reach agreements, a divorce may take anywhere from several months to well over a year. Highly contested or complex cases can take considerably longer.
Understanding what controls the timeline can help you know what to expect and avoid unnecessary delays.
California Has a Six-Month Waiting Period
California law imposes a mandatory waiting period before a marriage can be terminated. Under California Family Code section 2339, marital status generally cannot be terminated until at least six months have passed from the date the responding spouse was served with the Summons and Petition or appeared in the case, whichever occurs first.
Importantly, the six months does not necessarily begin when you file for divorce. If you file your Petition but wait several weeks to serve your spouse, the waiting period generally does not begin until service or an appearance.
The six-month period is a minimum waiting period. It is not an automatic divorce date. Your divorce does not automatically become final when six months pass. The necessary paperwork must be completed, the issues in the case must be resolved or otherwise addressed, and a Judgment must be entered by the court. Only then will a marital status be terminated.
What Happens During Those Six Months?
A divorce involves much more than filing paperwork and waiting. Depending on your circumstances, you may need to resolve issues involving:
- Child custody and parenting time;
- Child and spousal support;
- The family residence and other property;
- Debts;
- Retirement accounts and pensions;
- Business interests;
- Reimbursement claims; and
- Attorney’s fees.
The parties are also required to exchange financial disclosures. If additional information is needed, formal discovery may be necessary.
Some of these issues can be resolved quickly. Others can take months or longer.
How Long Does an Uncontested Divorce Take?
If both spouses agree on all issues, a divorce can potentially be completed relatively close to the six-month minimum.
For example, spouses may agree on custody, support, and division of their property and debts. Their attorneys can then prepare a written settlement agreement and the documents necessary for the court to enter Judgment.
Even in an uncontested case, however, the divorce is not necessarily final exactly six months after service. The required paperwork must still be completed and submitted, and the court needs time to review and process the Judgment.
What Makes a Divorce Take Longer?
The biggest factor affecting the length of a divorce is usually how much the spouses disagree. The more contentious the parties, the longer the case usually takes.
Disputes concerning custody, parenting schedules, support, property, or finances can require court hearings and substantially extend the timeline.
Discovery can also take time. If one spouse owns a business, receives complicated compensation, is suspected of hiding assets, or disputes whether property is separate or community property, the attorneys may need to obtain and analyze extensive financial records. Experts such as forensic accountants, appraisers, or vocational evaluators may also be necessary.
Custody disputes can create additional delays, particularly when the case requires minor’s counsel, an evaluation, or an evidentiary hearing.
Finally, court availability matters. Even when the parties are ready to proceed, obtaining sufficient court time for a contested hearing or trial may take time.
Can I Get Orders While the Divorce Is Pending?
Yes. You do not have to wait until your divorce is final to obtain important court orders.
Either spouse may ask the court for temporary orders addressing issues such as child custody, visitation, child support, spousal support, use of property, or attorney’s fees while the divorce is pending.
For example, parents may need a custody schedule immediately, or one spouse may need financial support while the parties work toward a final resolution. These temporary orders can provide structure and stability while the larger case proceeds.
A divorce does not necessarily have to remain completely unresolved simply because the spouses disagree about one or two issues.
Parties can often settle certain issues while leaving disputed matters for the court to decide. In appropriate circumstances, the court may also terminate marital status separately while reserving unresolved financial or other issues for later determination.
Can I Make My Divorce Go Faster?
You cannot eliminate California’s six-month waiting period, even if both spouses want a quick divorce. However, you can take steps to prevent unnecessary delays.
Promptly serving the divorce papers, completing financial disclosures, gathering financial records early, responding to discovery, and identifying the genuinely disputed issues can help keep the case moving.
Settlement can also significantly reduce the time and expense involved. This does not mean accepting an unfair result simply to finish the case. Rather, it means resolving issues that can reasonably be settled and focusing litigation on matters that truly require court intervention.
Every Divorce Has Its Own Timeline
There is no single answer to how long a California divorce will take.
A straightforward divorce in which both spouses cooperate may be completed near the six-month minimum. A case involving contested custody, significant assets, businesses, disputed income, or extensive litigation may take substantially longer.
The Soleymani Law Firm, APC can evaluate the issues in your case, identify potential obstacles, and develop a strategy designed to protect your interests while moving your case toward resolution as efficiently as possible.
This article is for general informational purposes only and does not constitute legal advice. Every situation is different, and individuals considering a prenuptial agreement should consult with a qualified California family law attorney regarding their specific circumstances.