It is understandable to want your divorce case in Orange County to end as quickly and easily as possible. However, the dissolution of a marriage in California can involve a lengthy legal process, depending on the circumstances. The timeline for every divorce case varies based on the amount of cooperation between the spouses, among other factors.
Day 1: The Petition Is Filed
Any divorce case in Orange County must begin with one spouse filing for divorce by filling out and submitting the Petition with the county’s civil courthouse. The petition should be accompanied by any other relevant documents depending on the situation, such as if the case involves minor children. It does not matter which spouse files; filing first does not give either person an advantage.
Day 30: A Response Is Issued
Once the necessary petition has been filed with the court and the Summons has been served on the recipient spouse, there is a wait of up to 30 days while the recipient forms and files his or her Response. If the recipient does not respond, the petitioner can move forward with the divorce without input from the other spouse.
Days 30 to 180: Settlement Negotiations and Mediation
In the first few months after a petition is filed, both spouses will share their financial information with each other and inform the judge that the disclosure requirement has been met. This must be done within 60 days of filing the Petition or Response. You can use these documents to make decisions about property division, spousal support and child custody.
If you and your spouse are able to communicate and compromise, you can create your own divorce settlement agreement without involving the courts. This can allow you to remain in control of key aspects of your divorce, such as child custody and how your assets and debts will be divided. You can utilize tools such as divorce mediation to assist with conflict resolution.
Day 180: An Uncontested Divorce Can Be Finalized
At the six-month mark from the date that the divorce petition was filed, an uncontested divorce case in Orange County can officially be finalized. It takes at least six months because this is the waiting requirement in California. An uncontested divorce means the parties involved have managed to agree on the key aspects of the dissolution. This is the fastest type of divorce possible in California.
Day 365 and Beyond: Divorce Trial
Many divorce cases have complications, such as a contentious divorce where the spouses do not agree on certain parts of the proposed settlement. These cases may end up going to trial to be decided by a judge. A divorce trial in Orange County can take one year or longer, depending on the availability of the courthouse and the complexity of the case. The average length is around 15 months, but this could vary significantly from case to case and take as long as 5 years.
Can I Speed Up My Divorce in California?
It is normal to want to make your divorce in Orange County as fast and easy as possible. A lengthy divorce can cost you more money, time and emotional stress. The most effective way to cut time off of your divorce is to work with your spouse to come to an agreement and achieve an uncontested divorce settlement. Hiring an experience Orange County divorce lawyer can help you reach this goal.
A lawyer can handle complicated legal processes for you to make them smoother and faster. A lawyer representing your interests improves the odds of achieving an out-of-court settlement. If you cannot come to an agreement with your spouse, an attorney can be invaluable during a divorce trial in Orange County – not only for saving you time but for achieving your desired outcome, as well.
