How long does a divorce take in California? The answer to that depends heavily on the level of cooperation between you and your spouse. The more amicable you and your spouse are, the quicker and cheaper the entire process will be. That said, you should keep in mind that even the most amicable of divorces cannot be legally finalized until at least six months after the date the petition is served.
What Can Make My Divorce Take Longer?
While the minimum amount of time for a divorce is six months, the process can take longer if certain issues arise. These issues typically stem from non-cooperative partners when dealing with the following:
The issues above are important to your divorce case, and you should fight to get what you deserve. That said, however, the more cooperative you and your spouse are when it comes to settling these issues, the faster your divorce will finalize. If you and your spouse cannot agree, you will need to litigate your case in court. Litigation is a time-consuming and expensive process that relies on waiting for an opening on the court's calendar, as well as paying for attorney and court fees.
Make a Reasonable Settlement Offer
If you want a quick and easy divorce, you must be willing to cooperate with your spouse. The best way to demonstrate this is to take the initiative and make a reasonable settlement offer. Make sure your offer is well thought out and consistent with the goals of the divorce. Doing this should kick start negotiations which could fast-track an earlier settlement. But what happens if your spouse is not willing to cooperate and turns down your reasonable offer?
What If Your Spouse Is Uncooperative?
What can you do if your spouse is being unreasonable? One option you have is to file an attorney fee motion. The purpose of an attorney fee motion is to punish any spouse that's unwilling to cooperative and causing unnecessary attorney fees. The motion hits the uncooperative spouse with a monetary sanction in an attempt to dissuade them from continuing their unreasonable conduct. While this motion is not used nearly enough in divorce cases, it is a great tool you can utilize to help get your divorce back on track and closer to finalization.
Cooperation Is Key to Fast Resolution
If the parties involved in a divorce are Vengeful or vindictive, this will only slow the entire process down. The court does not take too kindly to such spouses. If you show the court that you're willing to cooperate, your resolution goals will be much easier to achieve.
How long does a divorce take in California, and what can you expect during the process? At the
Law Offices of Rick D. Banks, we can help you understand your options, as well as ensure that your divorce is as stress-free as possible. Consult with our experienced
Fresno family law attorney today or call
(559)222-4891.
