When people begin considering divorce, one of the first questions they ask is how long does a divorce take in California. California law sets a mandatory waiting period that applies to every divorce case, even when both spouses agree on all terms. This legal requirement often surprises people who expect the process to move quickly once paperwork is filed.
At the Law Offices of Alexandra McIntosh helping clients navigate the divorce timeline is a key focus. Knowing how the six-month rule works and what factors can affect the length of a case can reduce stress and help avoid unnecessary delays. Whether a divorce is straightforward or involves complex disputes, guidance from an experienced San Diego family law attorney can make a meaningful difference.
The Six-Month Waiting Period: What You Need to Know
California law requires a mandatory six-month waiting period before a divorce can be finalized. This waiting period begins on the date the divorce petition and summons are officially served on the other spouse, not the date the paperwork is filed with the court.
A divorce cannot be finalized until at least six months and one day after service. Even if both spouses reach a full agreement early in the process and submit all required documents, the court is not permitted to issue a final judgment before that date.
This rule applies to all divorces in California, regardless of whether the case is uncontested or contested. As a result, the shortest possible answer to how long it takes to get divorced in California is just over six months. In reality, many divorces take longer depending on the circumstances involved.
Factors That Affect Your Divorce Timeline
Although the six-month waiting period sets the minimum length of a divorce, several factors can extend the overall timeline. Every divorce is different, and these issues often explain why some cases resolve faster than others.
Uncontested vs. Contested Divorce
An uncontested divorce occurs when both spouses agree on all major issues, including property division, child custody, child support, and spousal support. In these cases, the divorce can often be finalized shortly after the waiting period ends, assuming all paperwork is completed correctly and submitted on time.
A contested divorce involves disagreements over one or more issues. Disputes related to assets, debts, parenting plans, or financial support often require negotiations, mediation, or court hearings. These cases may take significantly longer, sometimes a year or more, depending on the level of conflict and court scheduling.
Residency Requirements
Before filing for divorce, at least one spouse must have lived in California for at least six months and in the county where the divorce is filed for at least three months. If these residency requirements are not met, the divorce cannot be filed yet, which can delay the process before it officially begins.
In some situations, couples may choose to file for legal separation first and later convert the case to a divorce once residency requirements are satisfied. This approach can impact the overall divorce timeline in California.
Custody, Asset Division, and Spousal Support
Divorces involving child custody, property division, or spousal support often take longer to resolve. Child custody matters require careful evaluation of the child’s best interests and may involve mediation, evaluations, or court hearings.
Property division can also extend the process, particularly when the marital estate includes businesses, real estate, retirement accounts, or disputes over asset values. Disagreements over spousal support amounts or duration may further lengthen the case. Each additional issue increases the time needed to reach a final resolution.
What Happens During the Waiting Period?
The six-month waiting period is not a period of inactivity. Important steps usually take place during this time that move the divorce forward.
Both parties must exchange full financial disclosures, including income, expenses, assets, and debts. These disclosures are required in every divorce and play a critical role in resolving property division and support issues.
Either spouse may request temporary orders related to child custody, child support, spousal support, or use of marital property. Temporary orders help provide stability and structure while the divorce is pending.
Negotiations, mediation sessions, and settlement conferences often occur during the waiting period. Many divorces resolve through settlement rather than trial, and using this time efficiently can help ensure the divorce is finalized as soon as legally possible.
How Alexandra McIntosh Law Can Help
Knowing how long a divorce takes in California is only one part of the process. Managing deadlines, required paperwork, negotiations, and court procedures can quickly become overwhelming without experienced legal guidance. Even small mistakes or missed steps can lead to delays that extend the divorce timeline and increase stress.
The Law Offices of Alexandra McIntosh provides personalized legal support tailored to each client’s specific circumstances. Whether a divorce is uncontested or involves complex disputes, having a divorce and separation attorney to represent you can help keep the case moving forward while protecting your rights and interests. The firm takes a proactive approach to guiding clients through every stage of the process.
Clients benefit from legal support that includes:
- Explaining the divorce timeline and the six-month waiting period so expectations are clear from the start.
- Preparing and reviewing all required court documents to help avoid errors or rejections.
- Assisting with mandatory financial disclosures and ensuring they are completed accurately and on time.
- Advocating for temporary orders related to custody, child support, spousal support, or property use when needed.
- Negotiating settlements that aim to resolve issues efficiently while protecting long-term interests.
- Representing clients in mediation or court proceedings if disputes cannot be resolved informally.
By addressing both the legal and practical aspects of divorce, the firm helps reduce unnecessary delays and confusion. Strategic planning, clear communication, and attention to detail can make a meaningful difference in both the length of the case and the final outcome.
If you have questions about your divorce timeline or are considering your next steps, speaking with a family law attorney early in the process can provide clarity and peace of mind. Contact us today at (760) 753-5357 for a free, confidential consultation. Our dedicated divorce lawyers are committed to helping clients move forward with confidence during a challenging time.