Puja Sachdev | June 12, 2024 | Divorce
Many people imagine divorce as a long, drawn-out court battle that will disrupt their lives for years to come. However, others wonder, “Can I get a quick divorce in San Diego, CA?” The answer to this question depends on many factors and your ability to move through each stage of the divorce process.
The Steps Involved in the California Divorce Process
Divorce is a legal process. You must complete certain steps before you can get the court to issue a final order. Here are the basic steps of a divorce in California:
Filing a Divorce Petition
Your divorce petition lays out the basis of your case. It explains that you have met the residency requirement and that you want the court to legally terminate your marriage with your spouse. It may ask the court to divide your property, award you custody of your children, and provide child and/or spousal support.
Serving Divorce Papers
You must ensure that your spouse is properly served with the divorce petition, summons, and other required documents. You will have to provide proof to the court that your spouse was served with these papers.
Responding To Divorce Papers
After your spouse has received the divorce papers, they have 30 days to file a response with the court to avoid a default judgment.
Providing Financial Disclosures
Because divorce involves many financial implications, spouses are required to provide financial disclosures to each other. They must provide these disclosures within 60 days of the divorce petition filing.
Settling Divorce Matters
If you and your spouse agree on the main issues of your divorce, such as property division, child custody, and child support, you can begin drafting a settlement agreement that outlines the key terms of your divorce.
If you and your spouse cannot reach an agreement, you will proceed with a contested divorce and go through the following steps:
Scheduling a Trial
You will submit a formal request to the court to schedule a trial date. The judge may order you to try mediation before agreeing to set a date.
Conducting Discovery
Discovery is the legal process of obtaining information about a case. You and your spouse, through your divorce lawyers, may request information, documents, and evidence related to your case through this process.
Appearing At Trial
If your case has not been settled, you and your spouse will appear at a trial. You can each present your witnesses and evidence to convince the court of your position. The judge renders a decision after the trial and enters a divorce decree.
California’s Waiting Period
Even if you have fulfilled all of the steps above, you must wait at least six months after filing your divorce petition to be divorced under California’s waiting period law.
Factors That Can Affect the Duration of Your California Divorce Case
There are several factors that can affect how long it takes to resolve your divorce case in California, including:
- Whether your divorce case is contested or uncontested
- How well you can communicate with your spouse
- Whether you know where your spouse is located for process of service
- Whether you have children, property, or debts
- Whether you are both represented by an attorney
Every case is different and affected by individual factors that can impact the potential timeline to conclude the matter.
Contact an Experienced San Diego Divorce Lawyer For Help Navigating the Legal Process
We want to help you get a divorce as quickly as possible while also safeguarding your rights. We can discuss your particular situation during a complimentary case evaluation.
Contact our experienced San Diego divorce lawyers at San Diego Divorce Lawyers, APC today for legal assistance. Contact our San Diego office at (619) 866-3756 to schedule a free consultation.
San Diego Divorce Lawyers, APC
2851 Camino del Rio S #430
San Diego, CA 92108
