Can I Get a Quick Divorce In California?
Whether or not you can get a quick divorce in California will depend on several factors, including your ability to reach an agreement with your spouse on the material matters involved in your divorce and quickly serve your spouse with divorce paperwork. An experienced divorce lawyer can discuss your particular situation and the timeline that might apply.
California’s Residency Requirement
Before you can even file for divorce in California, you are required to meet the residency requirements. You must generally be able to show that you or your spouse has lived in California for at least six months and in the current county for at least three months. If you don’t meet these requirements, you will have to wait until you do or file for divorce in the state of your previous residence.
Waiting Period
California does not allow people to obtain a divorce until there have been at least six months between the filing of the divorce petition and the grant of divorce, per California’s waiting period law.
Steps of the California Divorce Process
The typical divorce in California will involve the following steps:
Filing the Divorce Petition
Your divorce petition is the formal document that gets the legal process of your divorce started and explains that you meet the residency requirements. It also states that you are seeking a divorce because you and your spouse have irreconcilable differences and ask for certain relief from the court, such as to be awarded child custody or spousal support.
Serving Divorce Papers
You are responsible for ensuring your spouse is properly served with the divorce paperwork unless your spouse has waived service. You must be able to prove to the court that you properly served your spouse.
Responding To Divorce Papers
Once your spouse receives service of the paperwork, they have 30 days to file a response. They may deny the allegations and requests in your divorce petition, agree with them, or ask the court to make rulings in their favor.
Providing Financial Disclosures
Spouses must submit mandatory financial disclosures within 60 days of the divorce petition filing that lay out basic information about their debts, assets, income, and expenses.
Requesting and Responding To Discovery
Discovery is the formal process of preparing for a legal case. Lawyers can prepare requests for information, documents, and evidence. Parties may have to answer questions, make admissions, or submit to depositions under oath.
Settling the Case
Many divorce cases are resolved without going to trial. The spouses are free to reach their own agreement regarding the material matters of their divorce case, such as property division, child custody, and child support. They can also participate in divorce mediation to try to reach an agreement. If a settlement is reached, it is submitted to the judge to convert into an order.
Scheduling a Trial
If you and your spouse cannot reach an amicable settlement, your case proceeds to trial. You must request a hearing with the court coordinator.
Appearing at Trial
At trial, you and your spouse both present your arguments regarding your positions on various matters related to the divorce. Your lawyer examines witnesses and presents evidence. The judge makes a decision at the end of the case.
Factors That Can Slow Down Your Divorce Process
Several factors can make your divorce case take longer, including:
- Your divorce case involves contested issues that must be litigated.
- You and your spouse are unable to communicate effectively.
- Your spouse delays discovery responses.
- You do not provide your lawyer with relevant information when requested.
- You do not know your spouse’s location for service.
- You have children, property subject to division, or marital debts.
Factors specific to your case can impact how long your case takes. An experienced divorce lawyer can help you navigate the divorce process.
Contact a Family Attorney for Help With Your California Divorce
If you would like to learn more about the potential timeline involved in your divorce case and need assistance navigating the California divorce process, contact a divorce attorney for a case evaluation.
If you’re going through a divorce, you need a strong team on your side fighting for your rights. Call Berenji & Associates Divorce Lawyers today to know how we can assist you.
Beverly Hills Office
9465 Wilshire Blvd #333
Beverly Hills, CA 90212
(310) 271-6290
Los Angeles Office
550 S. Hill Street STE 1467
Los Angeles, CA 90013
(213) 985-3007