Divorce in California is rarely a one-size-fits-all process. While some couples move through the system quickly, others face delays that stretch the timeline for months or even years. Understanding what affects the pace of a divorce can help you prepare and set realistic expectations.
At The Law Offices of Bruce A. Mandel, we know that time matters when it comes to major life transitions like divorce. With over 30 years of experience in California family law, we help clients understand the legal steps, avoid unnecessary delays, and work toward timely, informed resolutions.
Mandatory Waiting Period
California law requires a minimum six-month waiting period before a divorce can be finalized. This clock starts once the respondent is served with divorce papers and has filed a response.
Even if both parties agree on all terms, the court will not grant the divorce until this time has passed. While this is the legal minimum, many divorces take longer due to various complications or procedural steps.
Level of Agreement Between Spouses
One of the most significant factors affecting the timeline is whether the divorce is contested or uncontested. In uncontested divorces, where both parties agree on property division, custody, and support, the process can move relatively quickly. These cases may be resolved shortly after the six-month waiting period.
Contested divorces, however, often involve disagreements that require negotiation, mediation, or even trial. Resolving disputes about finances, parenting plans, or spousal support can significantly extend the timeline. The more issues there are, the more time the process takes.
Court Availability and Scheduling
Family law courts throughout California are frequently backlogged, especially in larger counties like Los Angeles. This means it may take weeks or months to schedule hearings, mediation sessions, or trials.
Delays in court availability are often beyond the parties’ and their attorneys’ control, but they can affect how long a case remains open.
Complexity of the Case
Cases involving significant assets, business interests, or complex custody arrangements generally take longer to resolve. These matters often require expert input, such as forensic accountants or child custody evaluators. Gathering evidence, coordinating professionals, and analyzing financial or parenting details adds time to the process, even when both sides are cooperating.
Additionally, when one or both spouses own businesses, have multiple real estate properties, or hold investments, the process of disclosure and valuation can become time-consuming.
Compliance with Disclosure Requirements
California law requires both parties in a divorce to complete financial disclosures early in the process. These disclosures include income, expenses, assets, and debts. If one party delays or provides incomplete information, it can stall negotiations or court proceedings.
In some cases, courts may order additional discovery to obtain the necessary information, adding further time to the case.
Use of Mediation or Alternative Dispute Resolution
Some divorcing couples choose to resolve disputes outside of court through mediation or collaborative law. While these approaches can sometimes speed up the process by avoiding lengthy litigation, they may also take additional time upfront. For example, if several mediation sessions are needed before reaching a resolution, the overall timeline could still exceed the six-month minimum.
However, mediation often leads to more cooperative outcomes and may prevent costly legal battles in the future, making it a worthwhile step for many families.
Uncooperative or Absent Spouse
Delays can also arise when one party refuses to participate, misses deadlines, or ignores court orders. If a spouse is uncooperative or cannot be located for service of process, it may require additional legal steps such as substitute service or default judgment proceedings.
These situations slow down the divorce and may require more court intervention.
Changes in Circumstances Mid-Process
Life does not stop during divorce, and unexpected changes can affect the timeline. A party may lose a job, relocate, become ill, or experience other significant events that impact their ability to proceed.
These developments often lead to rescheduled court dates or renegotiated agreements, which can extend the overall duration of the case.
Working with an Experienced Divorce Attorney Can Help
One of the best ways to stay on track during a California divorce is to work with an experienced family law attorney. A knowledgeable attorney can help you understand what to expect, meet deadlines, and move the case forward efficiently.
The Law Offices of Bruce A. Mandel understands that timing matters in divorce. We guide clients through each step with clarity and focus, helping to avoid unnecessary setbacks and stay prepared for what lies ahead. Our goal is to keep your case moving forward efficiently and thoughtfully.
If you are considering divorce or are already in the process, contact The Law Offices of Bruce A. Mandel to schedule a consultation. Let us help you understand your options, anticipate the timeline, and take confident steps forward.
