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How Long Does an Uncontested Divorce Take?


When married couples decide they want to get a divorce and want to get through the process as quickly as possible, an uncontested divorce is one of the best routes to take. California allows couples to obtain an uncontested divorce, which means both parties agree on all the terms of their divorce. The process is relatively quick in comparison to when couples do not agree on all of their issues.

What is an Uncontested Divorce in California?

An uncontested divorce means the parties in the case can reach a resolution without needing intervention from the court. Both parties are able to come to an agreement without the need for a trial.

Issues that the couple must agree on include:

  • Property division
  • Child support
  • Child custody
  • Alimony
  • Any other divorce-related matters that may come up.

How Long is the Uncontested Divorce Process?

For any divorce case in California, the state requires a minimum six month waiting period before a divorce can be finalized. This is a “cool down” period that allows couples to determine that they are sure they want to get a divorce.

In uncontested cases, if the couple has correctly filed their paperwork and have agreed to all their divorce matters, then the quickest time they can divorce will be six months. It is recommended to work with a San Diego divorce lawyer to ensure that there are no delays in your case. Your attorney will be able to complete your paperwork and handle all the communication with the courthouse.

However, a common problem that can arise is that while couples intend to have an uncontested divorce, this doesn’t always end up happening. While couples start reviewing their decisions, they may find that they don’t exactly agree with each other. In this event, the divorce may become contested, which typically delays the process. In order to minimize complications from occurring during the uncontested divorce process, always speak to your attorney to facilitate negotiations or consider going through mediation.

Be Careful Moving Too Fast

Although it is possible to get through the California divorce process in six months, remember to be thorough in your decisions. If you expedite the process too fast, you could end up with less than ideal results. Once the divorce order is final, it can be difficult to modify it later.

Don’t rush through the process just to get it over with. Otherwise, you may feel regret with certain parts of the divorce order later. Instead, discuss your goals and work with your attorney to make sure that your final agreements are fair. Even if the process ends up being longer, you will end up in a better position overall.

Regardless of whether your divorce is contested or uncontested, the San Diego divorce attorneys at Embry Family Law P.C. are available to help you through the process and discuss which options are best for you and your family’s best interests.

Schedule a consultation with our team today by calling us at (619) 485-6476.

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