2. The filing fee for a divorce … An uncontested case can resolve in as little as a few months while contested cases can last between 1 – 2 years. Talkov Law is one of California's preeminent law firms for real estate, business, bankruptcy, family law, and trusts and probate litigation, disputes, trials and appeals. Keep in mind that you can file your financial disclosures at the same time as your response if you wish, but NO LATER than 60 days after you file your response. This is considered an "uncontested” case. Click on the topic that you are interested in: If you have questions or want to make sure the agreement is in your best interest (and that of your children if you have children), talk to a lawyer before you sign it. First, for most couples, in order to get a divorce in California, at least one party must reside in the state for a minimum of six months. Status may not officially terminate until the 6 month after service of the petition date, but the parties are always fully free to resolve all other issues in their case at any time. How Long Does an Uncontested California Divorce Take? The process will ultimately still take six months, but involves a simplified process. You have filed your response in your divorce or legal separation case. In a “true default” case, you are giving up your right to have any say in your divorce or legal separation case. What child support and custody and visitation orders you will need, if you have children together. You only have 30 days to file your Response. Make sure you file your Response within 30 days of being served with the Petition. In this cas… For qualifying couples, California also offers a simplified procedure for a “quickie” divorce. Make sure your spouse or partner did not leave any information out. In California, an uncontested divorce could mean one of two things: You and your spouse agree on how to handle property, money, and parenting issues. The truth is that your divorce takes as long as you want it to! Dividing community and separate property in an uncontested divorce in California. Click to find out what steps you and your spouse/partner will need to take to complete your divorce or legal separation when: If you are not sure if you and your spouse/partner will be able to work out an agreement, but you want to make sure you have a say in how the case proceeds, follow the instructions to file a Response, and work on trying to reach an agreement afterward. If spouses have a full agreement on all issues (i.e. Instead, each of you has to serve a copy of all the completed forms on the other. If the Couple Agrees and Files Jointly:When a couple agrees to get a divorce, under certain circumstances they can file for a summary dissolution. You should also get more information about spousal or partner support and custody and visitation agreements. This means that someone, NOT you, 18 or older delivers or mails the Declaration of Disclosure (Form FL-140) to your spouse or domestic partner. You MUST make your preliminary declaration of disclosure within 60 days of filing your response. You keep the original of your disclosure forms. One challenge in the more complex cases is court time. To do this, there is a set of forms you have to fill out and exchange. And your divorce case may be reopened. You can have this form served on your spouse or domestic partner before the clerk stamps it — just make sure you do not serve the original. You may have received your spouse’s or domestic partner’s preliminary declaration of disclosure already. If you have questions regarding the topic discussed in this article, it is advisable to contact a California divorce lawyer for a free consultation to find out what your options are. (If you had your spouse or domestic partner served with an unstamped copy of the Response (Form FL-120), you can file the original of the Response together with the Proof of Service. If your court’s family law facilitator or self-help center helps with divorces, ask them for help too. It will ask you what you own and what you owe, and about related issues such as child custody and visitation, child or spousal support, domestic violence, and other matters. All too often, spouses in such divorces point the finger at the other spouse, certain everything has dragged on so long solely because of the unreasonable demands and actions of the opposing party. How long does a divorce take? Find out. In some cases, this means neither party will need to file a response to court filing. In some cases, this means neither party will need to … Remember, you are the respondent. Well, there are two separate dates to keep in mind – 1) when the case has been completed and a Judgment entered, and 2) when a divorce is terminated. California’s residency requirement for divorce is six months, so you must live in the state at least this long before you can file. In an uncontested divorce, either both parties agree to the terms of the divorce or the respondent fails to respond to the petition (which will result in a default judgment). Uncontested Divorce: How Long Does It Take to Finalize? You can also agree about: You may be able to reach an agreement on all of these issues, or only some of them. You will also have to let the court know by filing another Declaration Regarding Service of Declaration of Disclosure (Form FL-141). Click to read about what your spouse or domestic partner will have to do in a "true default" situation. Uncontested Divorce. California law requires that you and your spouse or domestic partner give each other written information about what you own and what you owe, and about your income and expenses. If you conduct a Google search on “How long does a divorce take in California?” nearly every search result will assure you that you can be divorced within 6 months! Emergency Child Custody Orders in California. Does it Matter Who Files For Divorce First in California? The Petitioner must complete and file Form FL-100, Petition for Dissolution and Form FL-110, Summons. If the court finds out that you left anything out or lied on your disclosure forms on purpose, the court can order that any property you did not list goes to your former spouse or domestic partner. It also gives you the financial information you need to make decisions about child and spousal or partner support. Then, file the Proof of Service with the court clerk. If you do not think you and your spouse/partner will be able to work out an agreement, click for more information on contested cases. Any divorce that is resolved without disagreement (contest) is referred to as an uncontested divorce. How much is an uncontested divorce in California? You DO need to file with the court a form called the Declaration Regarding Service of Declaration of Disclosure (Form FL-141). You can also be ordered to pay his or her lawyer’s fees and a fine. To fill out a Response and actively participate in the case, follow these steps: Like the Petition, the Response asks for information about the length of your marriage or registered domestic partnership, and other basic information about your relationship. Whether you decide to not respond but get a written notarized agreement with your spouse/partner or you choose to file a response and reach an agreement with your spouse or domestic partner afterward, you will be involved in the case and will participate in the decisions that are made in your divorce or legal separation. There are several steps involved in filing for divorce in California. If you want specific legal advice about how to fill out your Response, talk to a lawyer. Some spouses start feeling like they aren’t getting a fair shake when all of the facts are laid out in front of them.