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James D. Madden & Aruna P. Rodrigo, Family Law Attorneys

How Long Should a Divorce Take? 06-15-2016

How Long Should a Divorce Take?

In a dream world, couples who want to divorce would be able to do so seamlessly in no time at all. After all, they believe that their marriage is irretrievably broken, so why prolong the situation? Unfortunately, divorce is much more complicated than that and it makes the process much longer than we would hope. It is important to understand the many factors and waiting periods in a divorce so you can know what to expect. This can help you be aware of what’s going on with your divorce so you are not wondering what the delay is or what’s taking so long for everything to be finalized.

At James D. Madden & Aruna P. Rodrigo, Family Law Attorneys, we know that contested divorce cases can take months, even years to be completed. Our San Bernardino divorce lawyers want to stand by your side throughout the entire process so you know someone is looking after your well-being and the best interests of your family. We will explain what goes on during the process and what could be prolonging your case from proceeding. Divorce is a difficult time in anyone’s life. You don’t have to go through it alone and you don’t have to be confused; we are here to guide you.

Filing & Waiting Period

Before you can even file for divorce, you must meet certain requirements. One of these requirements is residency in the state. In order to file for divorce in California, you must live in the state for six months. Any shorter period of time and you have to wait before you can file. Once you do file for divorce, your spouse has 30 days to respond. This period can be extended if the spouse asks for extra time and you and your attorney grant it.

Once the divorce is filed — the date you serve your spouse — the state of California has a six-month waiting period. This waiting period is designed to give you and your spouse time to reach an agreement regarding the important factors of a divorce. If you are unable to reach an agreement by the time the waiting period is over, your case will go to a family court in order to determine the terms of the divorce. If you are able to reach an agreement, you and your attorney — along with your spouse and his or her attorney — will be able to submit the agreement to the court for final approval, which would make the divorce complete.

Factors You Must Figure Out

If you are unable to reach an agreement, this becomes a contested divorce in which the family court judge will hear arguments regarding child support, child custody, spousal maintenance, property division, and more. These factors can prolong a divorce. The proceedings will begin after the six-month waiting period, making it even longer before you can get married. Once a divorce goes to the family court, it is difficult to determine exactly how long it will take as the many aspects may take a long time to resolve.

Any time a couple decides to divorce, it is difficult. It is the end of a relationship, and if children are involved, they must be safeguarded from the tumultuous atmosphere of a family court. At Matthew Sheasby, Attorney at Law, it is our goal to get you — and your family — through these hard times in the most favorable manner possible. Our San Bernardino divorce attorneys work hard to make sure you understand your rights and options, as well as ways to cut down on the length of divorce. You should have prepared legal counsel on your side and we believe we are the team to help you. Contact our firm today to get started.

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Categories: Divorce

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