It All Starts With
Empowering Our Clients

A Family Lawyer Like No Other:

  • Decades of Courtroom Experience
  • Author of "The Smart Guide to Getting Divorced"
  • Empowering Our Clients To Get Their Lives Back!

We're Here For You

Call Us: 619-235-4095

The power of a Family Court Judge – How long does it take for a divorce to finalize?

San Diego Divorce and Family Law Attorney, Paul Staley, released a new YouTube video: How long does it take for a divorce to finalize?

 How long will it take to finalize my divorce -The Six-Month Waiting Period

You’re wondering how quickly your divorce will go in San Diego , when one day, you overhear your co-worker (who is extremely savvy with internet research), handing out divorce law  advice to an office manager from another department:

“Oh, yeah, you’re automatically divorced six months after your case is filed.”

Wrong!  Many people entering the California divorce process have heard of the so-called, “six month” rule, a waiting period designed to give divorcing couples a chance to cool off, consider their options, seek needed counseling, and generally decide whether divorce is really what they want.

So many people mistakenly interpret this mandatory waiting period to mean that the entire divorce process will take six months.  It does not.  What the rule actually says is this:

  • If there is reason for it, there can be a separate order granting the termination of your marital status before other issues are addressed (this could be desirable, for example, if you’re ready to re-marry;
  • With everyone’s agreement, the court can delay terminating your marital status, even after other issues have been determined (occasionally, couples agree to this arrangement for tax or health insurance purposes).

Most often, people are okay with waiting to do everything at once.  It’s usually less costly, more efficient, and less stressful on you and the people who are affected by your divorce, especially your children.  However, depending mainly on the extent to which you and your spouse are able to agree on issues quickly, the process necessary to fully resolve your divorce case can easily take longer than six months.

Transcript of Paul’s Video

How long does it take for a divorce to finalize?

How long do I have to wait before I can get divorced? I guess it depends on when we start waiting for it. If we are marking the wait time from the time that the case was filed — we’re probably marking the wrong point. The clock starts ticking on how soon you can be divorced once the respondent in the case has been served. All right, so one party’s going to be the petitioner — that’s the person who actually files and asks the court for the divorce –the other parties to respondent. Once the respondent has been served, and there are several ways that that can be done, but once to respondent has been served then that starts the clock ticking on the six months. It is six months from that date is the earliest time that the marriage can actually end. It usually takes longer than that because people don’t really like to divide the case up into: “oh let’s be single now and then let’s worry about resolving all the issues we have with property, support and visitation”. Generally at all be done at one time at the very end of the case.

 Call us if you think we can help – (619) 235-4095

{ 0 comments… add one now }

Leave a Comment

 

Previous post:

Next post:

Contact Us