Once you have made the decision to get a divorce, you probably want the divorce process to be over as soon as possible. Many people are ready to begin the next chapter of their life and leave their marriage behind.
A seasoned family law attorney can help move your case along as fast as is legally allowed. There are many decisions that you will be required to make along the way that could lengthen the amount of time it will take to get your divorce finalized.
The Waiting Period
In California, there is a six month waiting period from when you file your divorce petition and when your spouse is served with the divorce petition until when a court can issue a divorce decree. Thus, no divorce can be granted sooner than six months. You will be able to file all your paperwork in advance with the court, but it will not be final until the waiting period has passed.
These waiting periods are in place in part to allow for time for reconciliation between the parties. It is essentially a cooling off period.
What Can Delay Your Divorce
There are numerous reasons why your divorce could take longer than six months. One reason is that it may be difficult to get service on your spouse to serve the petition. You may not know where your spouse lives, and your spouse may be hard to find. There are methods available to you in situations like this, so while this may not keep you from getting your divorce, it may take longer for you to obtain one.
Another cause for delay would be ancillary matters that cannot be resolved within the six month time period. You may receive your divorce in six months, but other issues related to the dissolution of the marriage can take longer to resolve. These issues include child custody and community property division.
Finally, you must meet this state’s residency requirements. You or your ex must have lived in the state for the previous six months and in the county where the divorce is filed for the previous three months. Thus, if you have recently moved, you may need to wait for some time to pass until you meet the residency requirements.
Learn How a San Jose, CA Divorce Attorney Can Help You
If you are considering filing for divorce, call our knowledgeable San Jose divorce lawyer. Our firm can review your case and identify any circumstances specific to your case that could delay your divorce from going through.
Our firm prides itself on providing legal counsel that is efficient and effective. We strive to resolve your case expediently while still safeguarding your rights you have under law. The Dominion Law Group, LLP can be contacted by calling 408-288-5592 today.