When Is My Divorce Final?

When spouses begin the process of divorce, generally one of the first things they might be wondering is when it will all be over. After all, divorce is not exactly a walk in the park. It is an emotional experience and, regardless of who initiated it, chances are that you do not want to have to endure it longer than is necessary. While you might be ready to end this as soon as possible, you will have to face a mandatory waiting period before you can begin moving on.

Filing and Waiting

Even if you and your spouse are in total agreement when it comes to every critical issue, you cannot secure a divorce immediately. In California, the residency requirement for divorce is 6 months, so if you or your spouse have not lived in the state for at least that long, you will have to wait before you can file and serve your petition for divorce. Once you are able to file, your spouse will have 30 days to answer. However, if your spouse requests more time to respond, the court will likely grant it.

Additionally, you will have another waiting period of 6 months that begins on the date you serve your spouse with divorce papers, though not necessarily when you file your petition. As soon as this waiting period ends, assuming you and your spouse have reached an agreement, your attorney can submit it to the court and the judge will sign it into a decree of divorce. If you and your spouse have yet to reach an agreement, you will have to either take your case to trial to reach a settlement or use a different method, such as mediation or collaborative divorce, in order to come to reach a resolution.

Divorce Attorneys in San Diego

Regardless if you were already served with divorce papers or are simply considering the prospect of divorce, the San Diego divorce attorneys at Cage & Miles, LLP can assist you in limiting the impact a divorce can have on your future, your lifestyle, and your finances. You should not have to go through this emotional process on your own. Reach out to us today!

Call our office at (858) 943-2060 to request a consultation.

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