The divorce process is often legally, financially and emotionally difficult even when everything goes as smoothly as it can. In California, initiating a divorce means following a complex process with many legal regulations. If you do decide to file, knowing the timelines and steps can benefit you immensely.
Let’s break down the process of initiating a California divorce.
Expected timelines
California is a no-fault state for divorce (and is actually the first state to adopt the system). A no-fault system means that you do not need to prove a spouse’s wrongdoing to divorce. No-fault divorces are usually faster, easier and less expensive than fault-based divorces.
California has two legal grounds to initiate the dissolution of your marriage.
- Irreconcilable differences: This means that your marriage experienced an irreparable breakdown that you cannot reverse.
- Incurable insanity: This means that your spouse is permanently mentally impaired and can no longer understand their own actions.
To proceed with your petition for divorce, you need to fulfill California’s time requirements. California expects at least one spouse to live in the state for at least 6 months and in their county for 3 months. The state also has a mandatory 6-month waiting period before finalizing your divorce.
Contested vs uncontested divorce
The length of time your divorce may take depends on whether you and your spouse agree on all marital issues. If your spouse contests asset distribution, child custody and other matters, a judge may need to make the final decisions.
Uncontested divorces take a little less than a year to complete, whether through standard one-person filing or joint petition. Under California law, any amicable couple can now choose to file a joint petition together, which bypasses the traditional “Petitioner vs. Respondent” model. Both methods can save time, legal fees and effort in negotiating.
On the other hand, contested divorces typically take over a year. After you file and serve a petition, the other spouse has 30 days from the date of service to respond. California requires both parties to disclose financial information to iron out marital asset and property distribution. Response times and processes can easily lengthen the entire divorce proceeding.
If you and your spouse disagree with the terms, you enter a negotiation phase where you arrive at a mutually acceptable settlement. Spouses can often complete mediation without needing to step foot in a courtroom. If you and your spouse truly cannot see eye to eye on key issues, that is when a court becomes involved.
The finish line
A judge finalizes your divorce when they sign the Judgement of Dissolution. Until then, there may be a long road ahead of you. If you plan to initiate a divorce, it is important to plan contingency measures in case less favorable situations happen. If your spouse disagrees with a key marital issue or contests, your case may become messy.
Seeking the advice of a legal professional early in the proceedings can lessen the risks of messy divorces.
