Answer FileFamily Law

How long does a divorce take in California?

The answer, cited

A California divorce takes at least six months: Family Code section 2339 bars a dissolution judgment from taking effect until six months and one day after the respondent is served or appears, and the waiting period cannot be waived. Filing also requires six months' California residency and three months in the county under Family Code section 2320.

Six months at absolute minimum, and usually longer. Family Code section 2339 prohibits a judgment dissolving a marriage from taking effect until at least six months and one day after the respondent is served or appears. The waiting period cannot be shortened; it exists to allow reconciliation and cannot be waived by agreement. Before filing at all, one spouse must satisfy residency: six months in California and three months in the county of filing (Family Code section 2320). An uncontested case with complete financial disclosures can be fully processed so the judgment becomes effective the day the waiting period ends. Contested custody, support, or property issues extend the timeline to a year or more, governed by the family court's calendar in the county of filing. Notably, the court can bifurcate, restoring single status while property issues continue, and temporary custody, support, and restraining orders are available throughout the waiting period.

Authority: Cal. Fam. Code § 2339

Source: Cal. Fam. Code § 2339 · Checked: · Maintained by the California Attorney Registry from official State Bar of California records. Legal information, not legal advice.

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