Divorce is never easy, and one of the most common questions I get as a licensed family law attorney practicing in Southern California is, "How long will my divorce take?" While the process may seem daunting, it's important to remember that no two divorces are exactly the same. The length of time it takes to finalize a divorce can vary depending on a range of factors, including whether your divorce is uncontested or contested, and the current state of the court's caseload.
That said, there are some general timelines you can expect, and in this post, I’ll break down the key factors that impact how long your divorce might take in California.
1. The 6-Month Waiting Period
First, let’s talk about the most important factor that dictates how long any divorce in California will take: the 6-month waiting period. This is not a myth—it’s the law. Under California Family Code §2339, once your spouse has been served with divorce papers, there is a mandatory waiting period of 6 months before your divorce can be finalized specifically the restoration of the status of a person from married to single.
However, it’s important to note that the six months are not necessarily the entire length of your divorce. Depending on the complexity of your case, it may take much longer to finalize everything, even if you and your spouse have reached an agreement.
2. Uncontested Divorce: A Faster Option
An uncontested divorce is when both spouses agree on all the terms of their divorce, including property division, alimony, child custody, and support. If you and your spouse are able to communicate and compromise, an uncontested divorce is likely to be the fastest route.
In California, even in uncontested cases, you’ll still need to wait the mandatory six-month waiting period. However, with an uncontested divorce, much of the paperwork and negotiation is streamlined, meaning the time it takes to actually go to court for a hearing or to file for a judgment is typically much shorter.
For many couples in Southern California, an uncontested divorce can take anywhere from 4 to 6 months to finalize (assuming there are no complications). The process may be even faster if there are no minor children or complicated financial matters involved. The key here is cooperation—if you and your spouse can work together, an uncontested divorce can be completed relatively quickly. As mentioned above, although all of the issues may be resolved by agreement, the Court will not restore a married person to the status of single until the expiration of the six-month waiting period.
3. Contested Divorce: The Longer Road
On the flip side, a contested divorce can take significantly longer. In contested cases, you and your spouse cannot agree on one or more important issues (such as child custody or property division). As a result, the court must get involved to make decisions on those unresolved matters.
A contested divorce is typically much more complex and may involve multiple court hearings and can include depositions, discovery (exchange of financial information), and sometimes mediation. The entire process can drag on for months or even years depending on the level of conflict and the court’s availability.
When it comes to contested cases, it’s not unusual for parties to file motions for temporary orders while waiting for the court to make a final decision on their case. These temporary orders can address issues like child custody and support, spousal support, and property control.
4. Court Backlogs: A Growing Problem
Another factor that can significantly affect the timeline of your divorce is the backlog of cases within the court system. California courts, particularly in large counties like Los Angeles and Orange County, have been overwhelmed with cases for years. The pandemic only exacerbated this issue, leading to further delays in case processing.
What does this mean for your divorce? Simply put, even if both parties are ready to move forward, court hearings may be delayed due to the sheer volume of cases in the system. In busy counties, you might find yourself waiting several months.
The backlog issue can also be compounded if your divorce is contested, as those types of cases typically require more court involvement.
5. What Can You Do to Speed Up the Process?
While you can’t control the mandatory six-month waiting period or eliminate the court backlog, there are a few steps you can take to avoid unnecessary delays and expedite your divorce:
- Hire an experienced attorney: A skilled family law attorney can help you navigate the complexities of divorce, ensuring that all paperwork is filed correctly and on time. Mistakes in your filing can cause delays.
- Consider mediation: If you're dealing with a contested divorce, mediation is a great way to resolve disputes outside of court. If you and your spouse can reach an agreement through mediation, it can cut down on the amount of time you'll spend in the court system.
- Complete your paperwork quickly: Get all your documents in order early in the process. The faster you and your spouse provide the necessary financial disclosures, the quicker you can move forward with your case.
- Stay organized: Staying on top of court deadlines, responses, and paperwork submissions will help ensure that nothing delays your divorce.
6. Final Thoughts: Patience and Planning
In Southern California, divorces can take anywhere from 6 months to several years, depending on whether the case is uncontested or contested and the specific court's workload. While the mandatory six-month waiting period is unavoidable, you can work with your attorney to streamline the process and avoid unnecessary delays. The key is to stay informed, be patient, and make decisions with a long-term perspective.
If you're contemplating a divorce, it’s essential to consult with a local family law attorney who can guide you through the specifics of your case, answer your questions, and help you understand the timeline for your unique situation. With the right legal guidance, you can make this challenging process as smooth as possible.
Feel free to reach out if you need more information or want to discuss your specific situation—I'm here to help!