Average Time to Get a Divorce in California

The typical divorce in California takes at least six months, but in some cases, it can extend beyond a year or even more. The timeline for a divorce depends on various factors like the complexity of the case, child custody disputes, property division, and whether the divorce is contested or uncontested. In California, the mandatory waiting period is six months after the spouse is served with divorce papers. However, that’s just the minimum, and the overall process could take much longer due to delays in court or disagreements between the spouses.

Let’s get deeper into it. Think of a divorce timeline as a two-track race: one track represents the legal proceedings you’ll go through, and the other represents the emotional and logistical aspects of ending a marriage. The legal side, controlled by court timelines, can be pretty rigid with its six-month minimum wait time. But that’s just the baseline. Add in legal complications, disagreements over who gets what, or challenges with child custody, and the timeline gets longer.

Contested vs. Uncontested Divorce
The simplest way to look at divorce timeframes is by whether it’s contested or uncontested. An uncontested divorce, where both spouses agree on all terms, can still take the required six months, but generally doesn’t stretch much beyond that. In contrast, a contested divorce—where the spouses can’t agree on key issues—will almost always take longer, sometimes more than a year. If you’re in a contested divorce, expect delays from mediation, court hearings, and potentially even a trial.

Key Stages of a California Divorce
Here’s a breakdown of the stages and how they affect the timeline:

1. Filing the Petition: One spouse must file a petition for dissolution of marriage. This starts the process.
2. Serving the Papers: The other spouse must be served with divorce papers, which triggers the six-month waiting period.
3. Response: The other spouse has 30 days to file a response.
4. Preliminary Disclosure: Both parties must exchange financial documents and other necessary information.
5. Negotiation: This is where things can slow down. If both parties agree on issues like property division, child custody, and spousal support, this stage goes quickly. Otherwise, mediation or legal intervention is necessary.
6. Final Agreement or Trial: If both parties reach an agreement, the divorce can be finalized relatively quickly. If not, it moves to a trial, which could extend the timeline significantly.

The Role of Mediation and Court Backlogs
Mediation can either speed up or slow down your divorce. If both parties are willing to work together, mediation can lead to a faster agreement. But, mediation itself can take months, especially if the spouses are far apart on major issues.

Then, you have to factor in court backlogs. Especially in populous counties like Los Angeles or San Francisco, courts are often overwhelmed, leading to extended delays for court hearings or final judgments.

Data on Divorce Timelines
A 2021 study found that the average divorce in California took around 8 to 12 months. The table below illustrates common timelines for divorce based on complexity:

Type of Divorce	Minimum Duration	Average Duration	Maximum Duration
Uncontested Divorce	6 months	6-8 months	12 months
Contested Divorce	6 months	12-18 months	2+ years
High Net-Worth Divorce	6 months	18-24 months	3+ years

Factors That Can Speed Up or Slow Down the Process

1. Child Custody Disputes: Resolving these can take time, especially if both parents are fighting for primary custody. Courts prioritize the child’s best interest, which can lead to extended evaluation periods.
2. Property Division: If the couple owns multiple properties, businesses, or has significant assets, it can take a while to divide these fairly.
3. Spousal Support: If one spouse is requesting spousal support, that negotiation can drag out the process.
4. Emotional Factors: Even when the legal proceedings are moving forward, emotional struggles between spouses can lead to delays as they come to terms with their new realities.

Speeding Up the Process
If you’re hoping to speed up your California divorce, consider these strategies:

• Opt for Mediation: A neutral third-party mediator can often help spouses come to an agreement faster than court proceedings.
• Stay Organized: Be prompt in gathering and submitting all required documentation.
• Compromise: The more both parties are willing to compromise on key issues like property division and custody, the faster the process will go.

The Six-Month Myth
Many people assume that all divorces in California will be completed in six months. That’s just the minimum waiting period, not the typical duration. A no-fault state like California, where either party can request a divorce without proving wrongdoing, aims to simplify the process. However, simplicity often vanishes when real-life issues like financial disputes, emotional stress, and custody battles come into play.

Case Study: Delays in a High-Conflict Divorce
In one example, a contested divorce in Orange County dragged on for three years due to constant disputes over child custody and property division. Despite an initial mediation attempt, the couple couldn’t agree on terms, leading to a prolonged court battle. The case eventually involved a trial to resolve disputes over a jointly owned business and several properties. Although the couple began the process with the hope of wrapping things up within the six-month period, the complexity of their financial situation and disagreements about parenting schedules extended the timeline significantly.

2222:Divorce timelines in California are shaped by multiple factors—legal requirements, court schedules, and the dynamics between spouses. Even the fastest divorces take at least six months due to the state-mandated waiting period, while more contentious cases can last years.