How Long Does The Divorce Process Take In California?

Key Takeaways:

California has a six-month mandatory waiting period before a divorce can be finalized.
Six months is the minimum amount of time you will have to wait, and the clock starts ticking when you file the paperwork and serve your spouse.
The more complicated a divorce and the more issues you have to deal with, the longer the process usually takes.
Factors like the division of property, custody disputes, determining child or spousal support payments, and more can all lengthen the process.
Divorces often require input from experts, such as appraisers, data recovery specialists, evaluators, and accountants.
Conflict between spouses often causes delays in the divorce process.
The bottom line is that divorce in California takes a minimum of six months, but it can and often does take much longer in complicated cases.

How long does it take to get a divorce? This is one of the most common questions we hear as family law attorneys. It’s often followed shortly by: Why does divorce take so long?

As usual, there’s a long answer and a short answer. The quick version is that there’s a lot to deal with during the divorce process, and the more there is, the longer it takes.

A more in-depth discussion gets into minimum waiting periods, custody disputes, the division of property, and many other topics.

The amount of time between filing the initial divorce paperwork and signing the final documents varies from case to case. Without knowing the specifics, it’s difficult to estimate how long the process will take.
That said, common issues often arise and significantly affect the time it takes to divorce.

What Factors Affect the Length of A Divorce?

Does California Have a Waiting Period for Divorce?

Like most states, California has a waiting period before a divorce can be finalized. It’s different from one state to the next, but here it is a minimum of six months.

The state requires this six-month waiting period for all parties seeking to dissolve their marriage, regardless of location.

This means that six months must pass between the time you file the initial paperwork and serve your spouse.

In cases of amicable, uncontested splits, six months is a realistic timeline. If you have little property, no kids, and nothing to argue about, after filing the forms, all you have to do is wait out the clock.

In more contentious or complicated cases, however, this can take much longer.

Asset & Property Division

Divorce significantly impacts our financial futures. So, it’s essential to take the time to do things right.

If you and your spouse have little to no shared property to divide, this part usually goes relatively quickly. The more assets and obligations you have, the more complicated things become. As you might expect, this leads to delays.

California follows community property rules when dividing assets in a divorce. This means the courts view all assets acquired during a marriage as belonging equally to both spouses. In community property states, this also applies to debt.

This doesn’t mean you automatically split everything in half. Courts use a fair and equitable standard when making these decisions. They consider the length of the marriage, financial standing, level of need, and more.

Some couples only fight over big items, like houses and cars, while others throw down over what most of us keep in the back of the junk drawer.

It’s not uncommon for the division of property to mire down a divorce and significantly lengthen the process.

Child Custody Battles

Custody battles are another reason a divorce may take longer.

Many people assume mothers always receive custody of their children. Though that’s the perception, the law, as written, doesn’t favor one parent over the other.

Parents can reach an agreement on their own in this regard. But even if they reach a deal that works for both, a judge still has to sign off on the parenting plan.

A parenting plan is the court document that addresses custody issues and lays out the specifics. These orders are important because they lay out:

Where a child lives.
How much decision-making power you have.
How much time you spend with your child.
Everything involving custody and visitation rights.
How much influence do you have in their upbringing.

As usual, the more complicated the situation, the longer this takes.

If there are many details to handle and parents are stubborn, this may require mediation or even a trial. It’s common for custody issues to prolong the divorce process.

How Do You Determine Child Support?

When custody issues are involved, there’s inevitably child support to deal with. After a divorce, this is often one of the biggest continuing expenses parents face.

These court-ordered payments cover all of the usual daily expenses of raising a child. This includes food, shelter, clothing, regular medical care, and more.

Other areas of family law are often much more open to interpretation. Unlike those, however, child support follows a rigid mathematical formula. It accounts for both parents’ income, the time you spend with your child, and other financial factors.

Related Reading: How Is Child Support Calculated in California?

How Do You Determine Spousal Support?

When one partner makes more money than the other, you often have to contend with spousal support.

Much like child support, these payments help ease the financial hardships of a dependent spouse after divorce.

When determining spousal support, courts look at many factors, including:

Length of the marriage.
Education.
Job skills.
Earning potential of both spouses.
Age.
Health concerns.
The standard of living while married.
Child-care responsibilities.
Level of need.
Ability to pay.

Depending on the situation, the payments may only be temporary. In these cases, it’s designed to help one spouse get back on their feet.

Other times, there may be ongoing issues, such as a disability or an inability to work, and payments may continue indefinitely.

Related Reading: Dividing Retirement Accounts

Investigations in The Divorce Process

Other factors also impact how long a divorce takes. It’s not uncommon for the process to require a period of discovery or investigation. This happens most often in two circumstances:

Child Custody Evaluations

First, there are parenting evaluations, also called custodial evaluations. The court may order one for many reasons. Concerns about abuse, mental health, substance abuse, and more may trigger an investigation of this sort. Evaluations include interviews with family, friends, teachers, or anyone with knowledge of the child

You may also encounter this if one parent wants to move out of state with a child. A third party looks into your situation and reports back to the court.

Valuing Assets

Investigations may also be necessary when valuing assets. This often means you and your ex have a great deal of wealth to divide.

It also comes into play when a divorce involves a business or a complex investment portfolio. Such appraisals take time, and the divorce can’t proceed until this is concluded.

Common Experts Needed In Divorce

Beyond these, a divorce may require input from another outside professional. It’s seldom necessary for a case to need all of these, but some common specialists may be called to investigate. They include:

Vocational evaluation.
Custodial evaluation.
Forensic accountant.
Special Master.
Home appraiser.
Personal property appraiser.
A computer expert for data recovery and discovery.
Court reporters and transcripts.
Process server.
Private investigator.
Mediator.
Financial planner or accountant.

Negotiating the terms of divorce requires diligence and effort. These are just a few factors that can drag things out.

Representing Yourself: Pro Se Divorce

“Pro Se” divorce means that you represent yourself. With countless online resources, guides, and services, a do-it-yourself approach to divorce is easier and more common than ever.

In certain situations, it can be a perfect fit. But in others, it slows things down.

Dissolving a marriage requires filling out tons of forms. They’re often complicated, written in difficult legal language, and go into a great deal of detail.

It’s all too easy to overlook details, and mistakes or omissions can lead to delays. If it’s bad enough, a judge might throw it all out, and you have to start over from scratch.

Related Reading: Pro Se Divorce: A Closer Look at DIY

How Complicated Divorce Can Become

If you agree on everything, it can go relatively smoothly, but if not, prepare to be occupied for a while.

The more conflict and details to address, the more delays you should expect. All it takes is for your ex to decide you need to pay more child support, or that the custody schedule skews too far to one side, and you may wind up in a protracted legal battle.

A good rule of thumb is that when estimating how long your divorce will take, the more complex your situation, the longer the divorce.

But also, don’t agree to an unfavorable deal simply to get out of a long, complicated divorce. What you do now has a huge impact on the future. Consider hiring a lawyer, or at least have an attorney review your paperwork before you sign. Once a settlement is in place, it’s difficult to change, so take the time to do things right.

Other Reading: Bankruptcy Or Divorce: Which One Do You File First?