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How Long Will My California Divorce Take? – Six Months Right?

Not Exactly! It seems almost common knowledge that a California divorce takes six months. Well this is not always the case.

In order for the six months to start, one of the parties must have been a resident of the state of California for six months prior to filing, although they could start it as a legal separation if they just stepped off the airplane and then convert to a divorce after the six month residency requirement is established for a California divorce.

Now the next hurdle arises to the six month rule after the court documents are served. You are only eligible for divorce after six months. That does not mean you automatically secure the divorce on that date.
I had a man recently come into the office stating he would be divorced on a certain date because that would be six months after his wife was served. He was a bit disappointed when I advised him it was not likely to happen in his case as that was just a few weeks away and they had not yet come to an agreement in a multi-million dollar long term marriage. If both spouses cooperated it is possible to submit all papers necessary to secure the divorce prior to the six months and be divorced on the magic six months date. However, if they fail to come to agreement then the case gets extended in the court system and can easily take a year or two. This delay can be very painful for either party who has made other plans or just wants to move out of the area, but is still burdened with returning for court appearances while the case is in the system and periodically coming up for hearings.
Contact our Carlsbad divorce attorney for more information on how to file for divorce.
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