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How Long Does It Take To Get a California Divorce

How Long Does It Take To Get a California Divorce
September 27, 2016 Peter O'Hanlon

How long does it take to get a California divorce? According to California Family Code 2339(a), a California divorce that is not a Summary Dissolution (see below) will take a minimum of 6 months to become finalized.  It can be longer.  It cannot be shorter under any circumstances.

How Long Does It Take To Get a California DivorceThere are no exceptions to the 6 months’ minimum waiting period.  That is true despite many rumors and urban legends to the contrary.  Even serious illness or impending death is not a valid reason to reduce the 6 months’ minimum waiting period.

To be more precise, because Family Code 2339 states, “… until six months have expired from the date of service of a copy of summons and petition or the date of appearance of the respondent,” most courts agree that the actual minimum waiting period is 6 months plus one day in order to give effect to the “have expired” clause.

By way of an example, if your spouse/partner is served with the Summons and Petition on June 1, in order for 6 months to “have expired,” your divorce cannot be final until December 2.  Even more precisely, the case can be final at the stroke of midnight on December 1.  December 1 must have expired for the 6 month to have expired.

Does It Make A Difference If Your California Divorce is Contested?

A contested case is where you and your spouse are disputing some issue(s) in your case.

No. It still takes a minimum of 6 months plus one day from the date the other party (the party who did not file the case first) gets served. If your divorce case is contested, all that means is that you and your spouse/partner are disputing or contesting one or more issues in your case.

How long does a California divorce take?

Your spouse/partner will have indicated that there is a dispute by filing a Response at court so that the court will not proceed to make any orders in your case without appropriate input from both sides.

Obviously, a contested divorce case can be a lengthy process.  It may take years to finalize all issues. The delay will depend on what issues are involved and how seriously they are being contested.

In contested divorce cases, a process called bifurcation is available. Bifurcation simply means that one or more issues that have been settled can be finalized and separated from other issues that have not yet been settled. One of the issues that can be separated from disputed issues is the actual date the divorce case becomes final.

In other words, if you and your spouse will continue to dispute one or more issues, the court can order that the divorce case is final as to “status only” as of a certain date.  This enables you to finalize your divorce case in the normal 6-months’ minimum period without being penalized by further delay just because you are contesting issues in your case.

However, the date your “status-only” divorce is finalized still cannot be less than 6 months plus one day after service of docs on your spouse/partner or your spouse/partner’s Response being filed.  Bifurcation and status-only divorce is not a way to shorten the mandatory 6-months waiting period. It’s a convenience for when other issues are dragging on.

How Long Does an Uncontested California Divorce Take?

It’s still a minimum of 6 months plus one day. Bifurcation is available in an uncontested case that has, for whatever reason, been delayed by the parties beyond the 6-months waiting period but where no final settlement has been reached.  However, it is strongly recommended that you do not bifurcate your uncontested case without consulting a lawyer first.

Two Areas of POTENTIAL Confusion About How Long It Takes To Get a California Divorce

There are 2 areas of uncontested divorce procedure where the mandatory 6-months’ waiting period may seem confusing depending on how you hear these practice areas being described. On occasion, I’ve seen online definitions of these two practice areas that almost seem to confuse the public purposefully about the 6-months’ minimum waiting period.

Getting the Judgment Signed/Entered

Don't pay more than $129 for complete California uncontested divorce.You may see online discussion or hear friends talking about getting their California divorce judgments “signed” or “entered” in just 2 or 3 months after the Respondent was served.  That’s entirely possible. In fact, it is common in almost all California counties.

Getting the Judgment signed or entered is a normal part of the divorce process that takes place during the 6 months’ minimum waiting period. Getting the Judgment signed or entered does not finalize your case unless you are already beyond the 6-months’ minimum waiting period.

If you are still within the 6-months’ minimum waiting period when your Judgment is signed or entered, your case still won’t be final until that 6-months plus one day date.

Absent a “status only” termination of marital status, your divorce case, whether contested or uncontested, will be final on the 6-months plus one day date or on the date the Judgment is signed/entered, whichever date is later.  In almost all uncontested cases that have not been delayed purposefully by the parties for some reason, the Judgment being signed/entered will be the first of those two events. So you still have to wait for the 6-month plus one day date to roll around in order for your case to be finalized pursuant to Family Code 2339(a).

California Summary Dissolution

About 25% of California divorces are Summary Dissolutions. They require that the parties were married and living together for less than 5 years, have no minor children, no current pregnancy, own no real estate together or separately, don’t own very much else, don’t owe very much else and that both parties consent to the divorce and certain other requirements.

A Summary Dissolution is still a divorce, but both parties sign for it jointly.  Both parties are Joint-Petitioners.  In a Summary Dissolution, there is no Respondent to be served with papers.

So if there is no Respondent to be served, how long does it take to get a California Summary Dissolution? You guessed it.  Family Code 2403 provides that in a Summary Dissolution, the court shall dissolve the marriage, “When six months have expired from the date of the filing of the joint petition for summary dissolution,…”

You will occasionally hear people calling Summary Dissolution a “short form” divorce.  It is a much simpler procedure than Regular Dissolution (the other 75% of California divorces) and there is much less paperwork. But it’s shortness is in the procedure only. Summary Dissolution still takes 6 months to finalize. It’s just that it’s 6-months from the date of filing, not 6 months from the date the Respondent is served or files a Response, as in a Regular Dissolution.


Conclusion

So if you are stuck with a California divorce, you’re stuck with the 6 months minimum waiting period, whether your case is contested, uncontested, a Summary Dissolution or a Regular Dissolution.

However, if you’re “lucky” enough to have an uncontested divorce, now that you are aware of that fixed minimum time frame, it’s time for you to concentrate on getting the best and most cost effective divorce available.

Online divorce is definitely the biggest cost-cutter. Try to find an online divorce provider that specializes in California divorce only. And try to find an online divorce provider that is experienced. The following table provides some comparisons between the top online divorce providers in the California market.  I hope this will help and I hope you will consider my company, NetDivorce.

Top 10 Online Divorce Websites in California

Online divorce is a smart choice for an uncontested California divorce. But that doesn’t mean your hiring choice will be easy. You still have to hire an online divorce provider without getting screwed. Regrettably, online divorce is a completely unregulated industry that is full of fraud, trickery and incompetence. Below in our Top 10 Online Divorce Websites in California are the good, the bad and the very ugly.

BTW, you will not see any comparison table like this on any of our competitors' websites. Ask yourself why. Our competitors compare themselves only to lawyers so that they appear to be cheap. We compare ourselves only to our competitors.


WebsiteQuoted FeeComments
NetDivorce.com$129Flat fee; no ups or extras EVER; this is not a teaser or a 1-month subscription; This is the complete fee!! California divorce ONLY; 37+ years’ experience; State AND county docs
InstantOnlineDivorce.com$139ALERT: THIS FEE IS FOR A 1-MONTH SUBSCRIPTION ONLY!! THEN THEY HIT YOUR CREDIT CARD EVERY MONTH UNTIL YOU CANCEL; Based in Jaipur, India; State docs only
GetDivorcePapers.com$139ALERT: THIS FEE IS FOR A 1-MONTH SUBSCRIPTION ONLY!! THEN THEY HIT YOUR CREDIT CARD EVERY MONTH UNTIL YOU CANCEL; Read the BBB complaints here; Based in India; 105 complaints at BBB; F-rating at BBB; State docs only
OnlineDivorce.com$139ALERT: THIS FEE IS FOR A 1-MONTH SUBSCRIPTION ONLY!! THEN THEY HIT YOUR CREDIT CARD EVERY MONTH UNTIL YOU CANCEL; State docs only; 34 BBB complaints in one year; F-rating; BBB labels them as false advertisers
MyDivorcePapers.com$139+++ALERT: THIS FEE IS FOR A 1-MONTH SUBSCRIPTION ONLY!! THEN THEY HIT YOUR CREDIT CARD EVERY MONTH UNTIL YOU CANCEL; Big upseller!; $125 “expedite fee” or you wait 10-14 Days for your papers; $199 “premium package” fee; Uses bogus self-owned testimonial and review websites; State docs only
DivorceWriter.com$149Nationwide. Experienced; State docs only BUT THERE ARE MANY COMMON DOCS THEY ADMIT ARE NOT PROVIDED - THEY ONLY PREPARE ABOUT HALF OF YOUR PAPERS IN A NORMAL CASE!! Why would you hire someone to do half the job?
3StepDivorce.com$299Good Company. Nationwide. Experienced; State docs only
Completecase.com$299ALERT: THIS FEE IS FOR A 1-MONTH SUBSCRIPTION ONLY!! THEN THEY HIT YOUR CREDIT CARD EVERY MONTH UNTIL YOU CANCEL; Nationwide. Experienced; State AND county docs
itsovereasy.com$750+++Latest foo-foo hipster divorce site. Different payment levels but the one closest to what all other companies here do is $750. Uses a hot-shot Hollywood lawyer as a front, but this is NOT a law firm. Another one that TELLS you in advance that everything is upsold. Really nice website.
Legalzoom.com/Wevorce$949+++++Way overpriced; Big upseller; Tries to move you to subscribing attorneys, accountants, financial planners, psychiatrists, counselors, etc.; All of these are EXTRA! None is included in the $949. Total hipster feel-good; nonsense; If you and your spouse could do the Wevorce procedure, you wouldn't be getting a divorce; State docs only; ALERT: THIS FEE IS FOR A 1-MONTH SUBSCRIPTION ONLY!! THEN THEY HIT YOUR CREDIT CARD FOR $200 EVERY MONTH UNTIL YOU CANCEL;
Separate.us$999Total Rip; Quotes $999 but then also quotes a $99 "Total Fee" that is nothing but a teaser. $99 is their fee for the first filing docs only!! If you want the whole divorce - it's a grand!! Cool website, though.
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