Managing Expectations: What Would a “Fast” California Divorce Look Like?
When it finally becomes clear that, yes, a divorce is really going to happen – it is completely understandable that many couples want the process to end as quickly as possible. While it is easy to understand why people would want their divorce to be sorted out as quickly as possible, in order to manage expectations, it is important to understand the mandatory six-month waiting period in California law.
California is a no-fault divorce state. This means that neither party needs to prove that any wrongdoing took place, nor do they have to provide the court with a specific reason for why they are seeking the divorce. This simplifies the process and should make it much quicker, as the couple will not (necessarily) need to endure the cost, hassle, and time that is spent on lengthy trials.
However, California DOES require that a couple must serve a divorce petition and then wait six months and one day (from date of service of divorce petition) before the divorce will be allowed to finalize. This waiting period is implemented by the state in order to ensure both parties take enough time to fully consider the divorce and gives them the space and time to reconcile, if they choose to do so. After the waiting period and the divorce is finalized, the parties are officially considered to have “single” legal status and can remarry.
Parties can work on settlement during the waiting period and submit their judgment (settlement) papers before the waiting period ends, but the state will not recognize the finalization of their divorce until the waiting period is over and the court enters judgment of the divorce. So, the earliest parties can be officially divorced is six months and one day from the service date of the divorce petition.
Timeframes: Uncontested vs. Contested Divorce
Whether a divorce is contested or uncontested will play a major role in determining how quickly a divorce is finalized. Uncontested divorces are those in which both parties agree on all aspects of the divorce. This includes potentially contentious issues such as child custody, spousal support, and division of assets. It is easy to see why an uncontested divorce goes through the court system quicker: if both parties agree, there is no back and forth to argue over. This means everything is finalized without court dates or trials.
A contested divorce, on the other hand, will occur if the parties disagree on issues. The complexity of the case and amount of time it takes to resolve everything is really dependent on each couple and what is involved in the case. Couples must remember, too, that when the court becomes involved, the couple will have to wait on the court’s schedule and will be held to a different timeline than one they would necessarily choose for themselves. This is one reason why reaching an agreement outside of court, through alternate dispute resolution such as mediation, can be so valuable in terms of saving time in divorce proceedings. There is also the option of retaining a private judge to speed up the timeline in making orders on disputed issues. This comes at a cost as private judges are expensive.
Contact Cardwell Steigerwald Young
There are many things you can do to speed up the timeline in your divorce. The experienced San Francisco divorce attorneys at Cardwell Steigerwald Young, LLP have helped countless individuals maximize their time and come through the difficult steps in divorce as efficiently as possible. Contact our office today to learn more.
