How Long Until I’m Divorced!?

The state of California provides that once a Petition for Dissolution is served, the court may enter a judgment of dissolution of marriage (or legal separation), six months and one day from the date of service on the other spouse.  Some people say, it’s been a year now, why don’t I have my divorce yet?

There are a lot of answers to this question.  It all depends on the level of animosity and ability for both parties to be fully honest with financial disclosures,  There are some divorces that aren’t final for years after the petition is served and filed.  One party has left out a bank account or piece of property that the other knows about.  This leads to further investigation by the attorney and issuing discovery requests.  These requests normally take 30 days before any response is due.  If there is a subpoena for records, those take 30-45 days for service and receiving the documents.  Things move slowly.  And no matter how fast you you and your attorney are about getting information to the other party, the other party may not be willing to move things along quite so quickly.  Your attorney has no control over the other attorney except through the court.

Being open and honest with disclosures, looking for custody or visitation agreements that work best for your children and you, providing sufficient support so your children and, possibly, former spouse can survive and dividing the marital or community property in a way. the is fair. and equitable to each of you, will get your case through the court the quickest.

Of course, after your final documentation is submitted to the court for signing, it could take months to have them signed and sent back to you.