If you do not respond to your spouse or partner's petition for divorce or separation or you file a response but reach an agreement, your case will be considered either a "default" or an "uncontested case." Fill out a Response (Form FL-120). The process will ultimately still take six months, but involves a simplified process. We offer free, 15-minute consultations. These cases may involve court appearances. After you file and serve your petition for divorce on your spouse, she has 30 days to answer it. 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. 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. Bifurcation is available in an uncontested case that has, for whatever reason, been … 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. Instead, each of you has to serve a copy of all the completed forms on the other. IMPORTANT! How long does an uncontested divorce take? You keep the original of your disclosure forms. For qualifying couples, California also offers a simplified procedure for a “quickie” divorce. The truth is that many spouses enter the divorce process without a clear understanding of what they may or may not be entitled to in a divorce, so their expectations are not reasonable, leading to increased litigation. Read this paperwork carefully. Remember, you are the respondent. The days are counted from the date you were served with your spouse’s or partner’s, If your spouse or partner is willing to give you more than 30 days, make sure you get this in writing and have your spouse/partner sign the “extension.”, If you want the court to make orders about custody and visitation, you can also fill out the, You will have to pay a filing fee. Uncontested Divorce. In a divorce or legal separation, you and your spouse or domestic partner may have disagreements so what you write on your Response can be very important and can affect the outcome of the case. Click for help finding a lawyer. Any divorce that is resolved without disagreement (contest) is referred to as an uncontested divorce. And your divorce case may be reopened. However, working with an attorney to complete the paperwork, and handle communications with the courthouse via mail, can save time and energy. Emergency Child Custody Orders in California. Once you have filed your Response and exchanged your preliminary declaration of disclosure, your next step is to finalize your agreement with the petitioner and file the forms required to finish your divorce. Uncontested Divorce: How Long Does It Take to Finalize? 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. March 12, ... it’s impossible to give an exact time for finalizing an uncontested divorce. If you leave anything out of your paperwork, either by mistake or on purpose, your property division can be “set aside” or canceled. Since each divorce case is unique, it is hard to predict how long a divorce will take from start to completion. 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How Long Does an Uncontested California Divorce Take? In this cas… It’s still a minimum of 6 months plus one day. By doing it sooner rather than later, you and your spouse or domestic partner will have the information you need to divide your property and debts and to try to reach an agreement on support. This is called “disclosure.”. This can be done by effectively negotiating a settlement that is fair and equitable. Click for help finding a lawyer. There are several steps involved in filing for divorce in California. If spouses have a full agreement on all issues (i.e. 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. Talkov Law Corp.Offices in Los Angeles, Orange County, San Diego, Riverside, Palm Springs, San Bernardino County, and Silicon Valley. How long does a divorce take? You only have 30 days to file your Response. California Court Services Status Due to COVID-19, Emergency Court Actions and COVID-19 (Coronavirus), Property and Debt in a Divorce or Legal Separation, what your spouse or domestic partner will have to do in a "true default" situation. The Summary Dissolution process allows spouses to jointly file a divorce petition under certain circumstances. At the beginning of this article, I said that a divorce takes as long as the parties want it to. ), Fill Out and Serve Your Financial Disclosure Forms. Now, you are ready to complete the financial disclosures needed to get divorced or legally separated. 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 have filed your response in your divorce or legal separation case. It also gives you the financial information you need to make decisions about child and spousal or partner support. Further, there is a six-month waiting period between filing for divorce and the divorce being decreed. Once the divorce petition has been filed, California law dictates that the filing party must wait at least six months from the date the other spouse is served with the paperwork before the divorce can be finalized. Even if they cannot help you with the divorce itself, they may be able to help you with parts of it, like the child support and spousal or partner support. In some cases, this means neither party will need to … That isn’t the whole story, however. Read about child support agreements. Some spouses start feeling like they aren’t getting a fair shake when all of the facts are laid out in front of them. After the dissolution case is filed, how long does it take … Whether you choose to respond or not to your spouse’s or domestic partner’s petition for divorce or legal separation, you can still work out an agreement. 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. If children are involved, other paperwork may be required. 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. Find out more about "service of process." Can I Build a Granny Flat, Accessory Dwelling Unit (“ADU”) or Junior Accessory Dwelling Unit (“JADU”) on my Property? Then, file the Proof of Service with the court clerk. If you file a Petition for Dissolution of Marriage (Divorce) today, how long until you are officially divorced? One challenge in the more complex cases is court time. You MUST make your preliminary declaration of disclosure within 60 days of filing your response. 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.