General Steps of a Divorce Case in San Diego
While the experience can vary from case to case, in general, a divorce in San Diego will go through the following steps:
- The residency requirement. At least one of the parties involved must have resided in San Diego County for the prior three months and California for the prior six months.
- The Divorce Petition (Form FL-100). One spouse files the petition and pays the filing fee (the Petitioner), while the other will become the Respondent.
- The Response. The Respondent has 30 calendar days from being served divorce papers to file a response if he or she does not agree to all of the terms listed in the Petition.
- Settlement negotiations. Settlement meetings can last several weeks or months, where the couple gets together to discuss the terms of the divorce and try to come to an agreement.
- Divorce trial (in some cases). If a settlement cannot be reached, a divorce trial before a San Diego County court judge may be necessary.
In between these main steps, there may also be the need for additional actions, such as financial disclosures, temporary orders and pretrial motions, depending on the situation.
Uncontested Divorce: Six Months
The fastest a divorce in San Diego can be finalized is six months. This is because California has a waiting period of six months to make sure that divorce is what a couple really wants. To avoid hasty divorces followed by reconciliations, state law requires six months to pass from the time a divorce petition is filed to when a judge will finalize the dissolution.
It is possible to get divorced within six months in San Diego, especially if you have an uncontested divorce case. In this scenario, both spouses agree on the main terms of the divorce, including property division, child custody, child support and alimony. An uncontested divorce avoids the extra time and cost of mediation, arbitration or a divorce trial.
A default divorce is also fast, as it does not involve a response or contestation from the Respondent. If no response is filed, the Petitioner’s terms will be automatically approved by a judge (as long as they are legal) with no further negotiations or trial needed.
Contested Divorce: One Year or Longer
If a couple has a contested divorce case, however, the legal process can take one year or longer in San Diego. Both parties will have to participate in financial disclosures, pretrial meetings, possible mediation or arbitration, and the divorce trial itself.
These legal processes can take a lot of time, especially with complex cases or in busy counties with court backlog. Note, however, that a couple has the ability to settle at any time prior to the start of a divorce trial.
To get a better idea of how long your specific divorce case may take in San Diego County, contact Boyd Law. You can discuss your situation in detail with one of our experienced San Diego divorce lawyers for more information.
