Many clients ask us how long it takes to complete a divorce. The answer is not that simple. Every case is unique, and how long your case will take depends on many factors. There are two factors, above all others, that determine how long a case will last: you and your spouse. Are you and your spouse going to fight about many divorce “issues” or resolve them amicably? Will you and your spouse agree on child custody, visitation, spousal support and child support? These are just some of the questions that have to be answered in order to determine how long the divorce process will take.
During the divorce process, both sides will bring up issues for the court to decide. A case where the parties have agreed on all the issues will not take long. However, often how long a divorce takes to complete has little to do with the length of the marriage or the amount of the assets the spouses have accumulated. In some cases, a short-term marriage with limited assets can take longer to resolve than a lengthy marriage with a multitude of marital property. This will all depend upon how many issues the parties can agree upon and how many have to be litigated in a court of law. But there are some ways an attorney may be able to help you move along your case in a timely manner.
The 6-Month “Cooling Off” Period
Under California law, the soonest a divorce case can be finalized is six months from the date that the divorce petition is served to the other party. Once papers are served to you or your spouse, the six-month time period begins. Regardless if you and your spouse agree over all the issues in your divorce (i.e. property, assets, debts, child custody, etc.), the case cannot be completed until six months from the date served.
This six-month period is informally called the “cooling off” period. One of the reasons that the California Legislature created this time was to allow the parties to “cool off” and decide if they really want to get a divorce. At any time before the case is finalized, if the parties decide to reconcile, the divorce case can be dropped. Another reason for this wait is to allow both parties to have sufficient time to make sure all issues are addressed with the court before the case is finalized.
How an Attorney Can Help Speed Up Divorce Proceedings
Having an experienced divorce attorney representing you can only help in getting your divorce finalized as quickly as possible. The divorce process requires that both parties fill out numerous forms to move the case along. If these forms are not prepared properly or if all court procedures are not followed, this can cause the case to be delayed. Additionally, it is very important that you have an attorney to advise you during every step of the divorce process so you can make well-informed decisions on how to proceed with your case.
Contact the Divorce Attorneys at Wallin & Klarich Today
The attorneys at Wallin & Klarich have been successfully handling divorce cases for more than 30 years. You can rely on Wallin & Klarich to obtain the best possible result in your case. If you are going through a divorce, it is essential that you get the assistance of an experienced divorce attorney from Wallin & Klarich.
With offices in Los Angeles, Orange County, Riverside, San Bernardino, San Diego, Victorville, West Covina, Sherman Oaks, Torrance and Ventura, there is a skilled Wallin & Klarich divorce attorney available wherever you happen to live.
To speak to our experienced divorce attorneys, call us today at (888) 749-7428 for a free phone consultation. We will get through this together.
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