Is There a Statute of Limitations in a California Divorce?
Many people want to finalize their divorce quickly and move on with their lives. Divorce cases in California are subject to various deadlines and timeline requirements. A statute of limitations is a critical deadline in most legal matters. It sets a time limit for filing a lawsuit. If you miss this deadline, the legal claim cannot be pursued. These time limits ensure legal matters are addressed promptly when evidence is more easily accessible and witness recollections are more reliable.
There is no statute of limitations for filing a divorce in California. Because California is a no-fault divorce state, a spouse can initiate a divorce at any time simply by citing irreconcilable differences. The spouse does not need to prove wrongdoing, and the other spouse does not have to agree to proceed with the divorce. While there is no statute of limitations in a California divorce, it is important to understand that there are various timelines and deadlines that you need to pay attention to when commencing a divorce case with the court. For example, a spouse served with a divorce petition has 30 days to respond to the petition. Failing to do so can result in a default judgment, granting the filing spouse everything s/he requested. Additionally, the filing spouse has 60 days from the date of filing the petition to serve his/her preliminary financial disclosures on the other spouse.
There are deadlines attached to many filings and responses, including discovery requests, , requests for child support and spousal support, and exchange of preliminary financial disclosures. Even though California is a no-fault divorce state, disputes can arise, impacting the timeline of how soon you will be divorced. Understanding the deadlines in divorce cases ensures you protect your rights through the process.
Contact Cardwell Steigerwald Young, LLP
The San Francisco divorce attorneys at Cardwell Steigerwald Young, LLP can help you to protect your rights. Having a legal professional with experienced knowledge of what timelines to be aware of is invaluable in the divorce process. With the help of an experienced Cardwell Steigerwald Young, LLP attorney you can pursue divorce terms that serve your best interests and the best interests of your children with confidence. Contact our office today to begin discussing your case.
