Puja Sachdev | July 19, 2023 | Divorce
When you file for divorce, your life can seem as if it is on hold. Until the court enters its final divorce order, you are prohibited from remarrying another person, and the division of your property is left unresolved. It may only take as few as six months to get a divorce in California, but those six months can seem like an eternity.
Of course, six months is only the minimum amount of time it takes to conclude a divorce case. Divorces can take longer, sometimes months or years longer, before they end.
The California Divorce Process
In California, once a divorce petition is filed, the other person has an opportunity to respond to any allegations or assertions in the petition they feel are inaccurate. This includes objecting to any temporary orders that might be requested.
From there, you and your ex-spouse will exchange financial information and try to agree on child custody, child support, spousal support, and community property division. Any issues you cannot come to a resolution on need to be decided by the court.
Once decisions have been made regarding all of the pertinent issues in your divorce case and the mandatory six-month waiting period has passed, the court will enter a decree of divorce, and your case will be finished.
Why Some California Divorces Take Longer than Six Months
Six months is the minimum amount of time it takes from the filing of the divorce petition until your divorce case reaches a conclusion. The six-month waiting period permits you, your ex, and your attorneys to work toward a resolution of the contested issues in your case.
However, your case may take more time to resolve if certain circumstances are present.
You Have Considerable Assets or Assets that are Difficult to Value
The more complex your or your ex’s financial situation, the more time it can take for the court to determine the value of the community estate. The court may need additional time if assets and property are unique and difficult to assign a value to, such as a business.
Your divorce can also take additional time if there are disputes over what constitutes community property. Finally, if either of you tries to hide community property so that it is not considered by the court, this can delay the ultimate resolution of your divorce case as well.
You or Your Ex Request Continuances of the Divorce Proceedings
The divorce court can grant continuances of key hearings in your case if it believes there is a good reason to do so. If either you or your ex requests multiple continuances, this will necessarily mean your case will take longer to resolve.
For example, if you or your ex-spouse have a medical emergency while your divorce is pending, the court may grant multiple continuances until the emergency is resolved.
You and Your Ex Cannot Agree on Anything
If your divorce is especially contentious and there are numerous issues to resolve, this can increase the time it takes for your divorce to be finalized.
If there is no agreement on issues like property division or child support, the court will often need evidence to be presented at multiple hearings before making decisions. Scheduling and conducting these hearings can take time, especially if the parties or the court is busy.
Keeping Your San Diego Divorce Case Moving Forward
To reduce the amount of time it takes for your divorce case to resolve, try to limit the number of continuances you request. Be honest about your financial affairs with your ex, and do not disagree on issues just to argue.
If you feel your ex is trying to prolong the process unnecessarily, you can retain a San Diego divorce attorney or bring the matter to the court’s attention.
Contact Our Divorce Law Firm in San Diego, CA
Contact our experienced San Diego divorce lawyers at San Diego Divorce Lawyers, APC today for legal assistance. Contact our San Diego office at (619) 866-3756 to schedule a free consultation.
San Diego Divorce Lawyers, APC
2851 Camino del Rio S #430
San Diego, CA 92108
