How long does divorce take in California? The short answer is a minimum of six months from service of the divorce petition to entry of a final judgment — and often significantly longer in contested cases. Understanding the California divorce waiting period, what steps occur between filing and finalization, and what factors affect how long the process takes helps divorcing spouses plan realistically.
The California Divorce Waiting Period
California Family Code section 2339 establishes a mandatory six-month waiting period before a California divorce can be finalized. The California divorce waiting period begins on the date the respondent is served with the divorce petition — not the date of filing. This six-month period cannot be waived, shortened, or circumvented regardless of how quickly both parties agree on all issues. Even in a fully uncontested divorce where both spouses agree on everything immediately, the court cannot enter the final judgment of dissolution until at least six months and one day after service.
How Long Does an Uncontested Divorce Take?
How long does it take to get divorced in California when both parties cooperate? An uncontested California divorce — where both spouses agree on property, support, and custody — typically finalizes in seven to nine months from filing. The six-month waiting period accounts for most of this time. The remaining time involves completing financial disclosures, negotiating and signing the marital settlement agreement, preparing final judgment paperwork, and waiting for the court to process and sign the judgment.
How fast can you get divorced in California? The absolute fastest possible divorce finalizes six months and one day after service. This timeline is only achievable when both parties cooperate fully, complete all paperwork correctly on the first attempt, and the court processes the judgment promptly. In practice, most uncontested divorces take seven to nine months even with full cooperation.
How Long Does a Contested Divorce Take?
How long does a divorce take in California when the parties disagree? A contested California divorce — where the parties dispute property division, support, or custody — takes considerably longer. Contested divorces involving discovery, forensic accounting, custody evaluations, or trial preparation typically take 12 to 24 months from filing to final judgment. Complex cases involving business valuation, high-value assets, or extensive litigation can take three to five years or longer.
The California divorce timeline in a contested case is driven by: the court's calendar (heavily backlogged in Orange County and Riverside County), the number of contested issues, the complexity of financial discovery, whether custody evaluations or expert witnesses are required, and the parties' willingness to settle at any point in the process.
What Happens During the Divorce Timeline?
The California divorce timeline proceeds through predictable stages regardless of whether the case is contested or uncontested: filing and service; preliminary declarations of disclosure (financial disclosures); negotiation or discovery; settlement or trial preparation; settlement agreement or trial; and final judgment. Each stage has its own requirements and timelines, and delays in any stage extend the overall process.
Furubotten Law, APC helps clients in Orange County and Riverside County move through the divorce process as efficiently as possible while protecting their rights at every stage. Call (714) 795-3862 for a complimentary case evaluation.