getting divorced in california without a lawyer how long does it take

How long does a divorce take in California?

If you conduct a Google search on “How long does a divorce take in California?” nearly every search result will assure you that you can be divorced within 6 months! Technically, that is true. That isn’t the whole story, however. The truth is that your divorce takes as long as you want it to!

What are the California divorce laws?

Another important piece to California divorce laws is that California is a no-fault state. What this means is that you do not have to show that your spouse has some sort of fault or shortcoming that makes the divorce necessary.

How do I file for divorce in California?

There are several steps involved in filing for divorce in California. For example, both the Petitioner (moving party) and Respondent must complete the following steps in order to obtain a divorce in California: The Petitioner must complete and file Form FL-100, Petition for Dissolution and Form FL-110, Summons.

How long does it take for a divorce to be final?

In other words, you should not assume that your divorce is automatically final 6 months after the date of service. The divorce is not final until the clerk enters the judgment into the court record. Upon entering judgement, the clerk will date stamp the documents and provide each party with a copy of the order.

How fast can divorce go through in California?

How long does a divorce take in california? The divorce process will take atleast six months. California divorce law contains a mandatory waiting period. That means that a California court will not issue a divorce decree until six months after the filing of the divorce petition.

How long does an uncontested divorce take in California?

approximately six monthsFor an uncontested divorce in California, it will take approximately six months from the time the person filing officially lets his or her spouse know about the divorce for it to be finalized. This entails properly filing the paperwork and serving the spouse via courthouse representative or local sheriff.

How can I get a quick divorce in California?

The quickest way on how to get a divorce is to get professional help from a legal document service assistant. Such a service can help you quickly prepare the initial divorce paperwork and every divorce form required to complete your simple divorce.

Can you divorce in California without going to court?

Fortunately, California state law does not require you to appear in court for a divorce. You can get divorced without ever setting foot in a courtroom. But even if a court appearance may not be necessary, you should have an attorney to protect your interests.

How long does it take to get a divorce if both parties agree in California?

six monthsFrom start to finish, the divorce process in the Golden State can take at least six months – even if both parties agree to the dissolution immediately. This length of time is due to California's divorce requirements and mandatory six-month waiting period. Contact a San Jose divorce attorney for more information.

Can I divorce without going to court?

An uncontested divorce is one in which you and your spouse work together to agree on the terms of your divorce. You will both consult with the same attorney, who will be unbiased and impartial. There is no formal trial, and only the plaintiff appears in court.

How long do you have to be separated before divorce is automatic?

Most state courts will automatically enter a divorce decree if the parties have been legally separated for a period of time, often one to two years, and meet the basic eligibility requirements.

How much is a simple divorce in California?

How much does a divorce cost in California without a lawyer? The basic cost of filing divorce forms in California is $435, but you may have to pay additional court filing fees for a more complicated case, or if your county charges additional fees. Getting divorced with It's Over Easy starts from as low as $9 per month.

What are the five stages of divorce?

There are two processes in divorce. The emotional process can be broken down into 5 stages: Denial, Anger, Bargaining, Depression, and Acceptance.

How much is an uncontested divorce in California?

The total costs can range from $5,500 to $38,000. The average cost is $17,100 for couples without children. The average cost is $26,300 for couples with children. The cost of divorce in California is 37% higher than the national average (due to a higher cost of living)

Can you get a divorce without your spouse's signature in California?

In California, the only reason a person needs to get a divorce is that the person wants out of the marriage. You do not need your spouse to agree to end the marriage or sign the divorce documents. As long as you meet the legal requirements for a divorce, you can get divorced without your spouse signing any documents.

What happens after you file for divorce in California?

Once you have served your spouse, they will have 30 days to complete a parallel set of divorce papers called the response. They too will need to file their forms with the court clerk. If your spouse fails to file the response within this timeframe, the court has the ability to issue a default judgment against them.

How long does it take to get a summary divorce in California?

The Summary Dissolution process allows spouses to jointly file a divorce petition under certain circumstances. The process will ultimately still take six months, but involves a simplified process.

How to contact a divorce lawyer in California?

If you have questions regarding the topic discussed in this article, it is advisable to contact a California divorce lawyer by calling (844) 4-TALKOV (825568) or contact us online for a free consultation with our experienced family law attorney, Colleen Sparks, who can guide you through the court process in a prompt and clear manner.

What is an uncontested divorce in California?

Uncontested Divorce in California. Any divorce that is resolved without disagreement (contest) is referred to as an uncontested divorce. In an uncontested divorce, either both parties agree to the terms of the divorce or the respondent fails to respond to the petition (which will result in a default judgment).

How to dissolution of marriage in California?

To qualify for a summary dissolution of marriage, the couple must: 1 Have been married for less than 5 years (from the date of marriage to the date of separation); 2 Have no children together, born or adopted, before or during the marriage (and you are not expecting a child now); 3 Do not own any part of land or buildings (meaning you can’t own a house); 4 Do not rent any land or buildings (except for where you now live, as long as you do not have a 1-year lease or option to buy); 5 Do not owe more than $6,000 in community debts (not including car loans); 6 Have less than $45,000 worth of community property (not including cars); 7 Not have separate property worth more than $45,000 (not including cars); 8 Agree that neither spouse will ever get spousal support; AND 9 Have signed an agreement that divides all community property (including cars) and community debts.

Why do spouses feel like they aren't getting a fair shake?

Some spouses start feeling like they aren’t getting a fair shake when all of the facts are laid out in front of them. The process of disclosing all of the assets and debts of the community can result in one spouse’s disillusionment if they were not totally aware of the community’s finances beforehand.

Can a spouse enter a divorce without a clear understanding?

The truth is that many spouses enter the divorce process without a clear understanding of what they may or may not be entitled to in a divorce, so their expectations are not reasonable, leading to increased litigation.

Can a divorce decree be drafted?

child custody, division of assets and debts, spousal and child support ), then a stipulated judgment for an uncontested divorce can be drafted and submitted to the court by a divorce lawyer at any time after the responding party is served with the petition.

How long does it take to get divorce in California?

First, California divorce law contains a mandatory waiting period. That means that a California court will not issue a divorce decree until six months after the filing of the divorce petition. There is nothing you can do to avoid this six month wait.

How long do you have to live in California to get divorce?

Under California law, a married couple cannot file the initial California divorce papers until at least one spouse has to have been a California resident for at least six months. In addition, one spouse has to have lived in the filing county for a minimum of three months. If a fast divorce is a priority for you and your spouse, ...

What happens when a custody dispute winds up in court?

When your custody dispute winds up in court, you and your spouse give up all control over your fate, which can cause a whole lot more emotional turmoil. It does help, however, to keep in mind what kind of custody arrangement a California court would be likely to impose. California family law has a presumption of shared custody.

What is collaborative divorce?

Less common is collaborative divorce, in which you and your spouse each hire an attorney and a mental health professional to serve as your personal advocates, as well as other (shared) professionals chosen according to the unique needs of your family. With this method, the attorney client relationship is a bit different.

How to get divorced faster?

One way to get divorced faster is to opt for a summary dissolution. To qualify, your divorce must be uncontested, you must be married for under five years, have no children together, have limited shared debts and assets, and both agree to waive spousal support.

What is the presumption of shared custody in California?

That means that unless one parent is shown to be clearly unfit (like if they have a history of domestic violence, especially towards the child), you will end up with some kind of joint physical custody, usually hovering as close to 50/50 as possible.

Why is it important to have a family law attorney?

A good family law attorney will steer you away from the courtroom so that you at least have a say in the specific schedule. Most judges simply don’t have the time to delve too deeply into your personal and professional life to find an arrangement that works best for you.

How long do you have to be a resident of California to get divorce?

You are only eligible if you or your partner have been a resident of California for six months (180 days).

What is the priority of the court in California?

Like in all the other states, the court’s priority is to rule in the best interests of the children in divorce cases. Judges in California courts try to support joint custody arrangements as much as possible since they believe minor children should be in contact with both parents.

Can I get divorced in California on my own?

If your divorce is uncontested, then you and your spouse can do it on your own. All of the necessary divorce documents are available free of cost on the California court’s website. If you require assistance, there are many online platforms that cater to divorce couples. For a fraction of the cost of an attorney, you can get help with filling out the required divorce paperwork.

Is California a no fault state?

As mentioned previously, California is a no-fault state. Thu s, proving that your partner is at fault is not necessary for grounds for divorce. All you have to do is state that you and your partner cannot get along, and the court will provide a judgment for divorce. In legal terms, this is called “irreconcilable differences.”

Can I go to court after serving divorce papers?

After serving the divorce papers, you can either arrive at a divorce agreement with your spouse out of court or you can take the case to court. If you and your spouse can resolve your issues and derive a settlement on common issues like child custody, division of assets, debt allocation, attorney fees, etc., then you may not need to go to trial.

How long does it take to get divorced in California?

Typically, married couples take at least six months to take all necessary steps to get a divorce in California, such as filing and serving various documents. However, some divorces can also require attending court hearings and conducting necessary discovery. As a result, a contested divorce can take one to several years to complete, ...

When does a divorce in California become effective?

In other words, you should not assume that your divorce is automatically final 6 months after the date of service. ...

What happens if the respondent does not file a response to the divorce petition?

On the other hand, if the responder did file a response, both parties must agree to cancel the case.

What is the only discovery that takes place in a divorce?

In friendly divorce proceedings , the only discovery that takes place is the mandatory exchange of financial disclosures. On the other hand, in contested divorces, the court must allow both parties a reasonable amount of time to conduct detailed discovery. During this discovery, each party must cooperate with the other’s formal requests for documentation and other questions.

When can a petitioner enter default judgment?

On the 31st day after the date of service , the petitioner may enter default judgment against the respondent if they have failed to file a response and the petitioner has complied with the disclosure requirements.

How long does it take for a marriage to be terminated?

The six-month waiting period is the earliest date at which the court can enter a termination date of the marriage and restore the parties’ status as single. However, nothing automatically happens in six months.

What happens if you don't attend court hearings?

For example, if one or both parties do not attend court hearings over a certain period of time, the case appears stagnant. Furthermore, if there is no activity in the case, the court may motion to dismiss it, closing the case completely.

Step 1: The Petition

Every Divorce (or Domestic Partnership Dissolution) starts with the Petition. If you file first, you’re the Petitioner. Your spouse is the Respondent. There is generally no legal advantage to being the Petitioner vs. the Respondent.

The Response

Or, if your spouse has filed the Petition, you may want to file a Response.

Temporary Orders (Optional)

Divorces take at least 6 months and 1 day after the Petition is served (that’s just the way it is). If that feels like too long to go without help from the court, you don’t have to wait until your divorce is final.

Step 2: Financial Disclosures

You are required to exchange court forms that disclose complete information about your income (from all sources), expenses, property and debts with your spouse. Even if you already have a full agreement with your spouse (good for you!), you still must exchange these documents.

We get it, easier said than done

But assuming your divorce is amicable (or heading in that direction), you can do this without full representation by a lawyer. Just remember, this is a process that you can’t avoid – but that doesn’t mean you need to struggle with it alone or spend $26,200 (the average cost of divorce per person in California).

How long does it take to get divorced in California?

You don’t want to lose years of your life trapped in a never-ending court battle: You have friends or family whose California divorce process took 2-3 years to complete and they never got that time back or recovered emotionally. Your time is precious and you want to heal and move forward as quickly as possible.

How to get divorce in California without a lawyer?

The answer to the question, "How to get a divorce in California without a lawyer," is to use divorce mediation and work with an experienced, professionally trained and highly skilled divorce mediator.

What is the process of discovery in divorce?

After you've hired a mediator and started the divorce mediation process, you’ll commonly complete what’s referred to as “discovery,” which is comprised of gathering a series of financial documents and completing various forms and worksheets specifically to help both you and your mediator prepare for your negotiations.

What is mediation in divorce?

On the other hand, divorce mediation is focused on helping both parties (you and your spouse), work together and arrive at mutually agreeable solutions.

What does it mean when one spouse wants divorce?

2. Both spouses need to be active participants in the divorce process.

Why is it important to have a comprehensive divorce agreement?

In order to have a comprehensive divorce agreement, it is critical that both spouses put "all their financial cards on the table" so that an open and honest dialogue may be had and all community property and debts be properly discussed.

How many parties do you have to file for divorce?

While it takes two parties to get married, it only takes one party to file for a divorce.

Certified Paralegals in California Can Assist You With Filing for an Unchallenged Divorce

Some couples can navigate an unchallenged divorce without legal assistance, but this is not always the best option. Even if you have no young children, you must still document them in a settlement agreement for the court. It’s a good idea to engage a paralegal to assist you with filing court documents.

Benefits of an unchallenged Divorce

The most significant benefit of an unchallenged divorce is the cost savings. In addition, if a couple achieves an agreement while filing, there will be less time away from work and, perhaps, less stress.

Requirements of a divorce in California

The first step of learning how to file for divorce is developing an understanding of California divorce laws. Consider the requirements below:

How long does a divorce take in California

One question people often wonder when determining how to get a divorce in California is how long the process will take. While it is difficult to determine the exact length of time the divorce process will take, what it is important to understand is that there is a six-month waiting period.

Steps to divorce in California

This requires you to complete a summons, which notifies your spouse they must appear in court for divorce proceedings. You must also fill out a petition, in which you give the court information about yourself and your spouse and state what it is you are asking for in the divorce.

Other considerations

While the above steps to divorce in California provide you with a list of general tasks you will need to complete, some cases may be more complex or involved than what is discussed above.

Divorce California FAQs

If you’re looking to learn how to get a divorce in California, you may have some of the following frequently asked questions: