Divorce is never an easy decision, but once you’ve decided your marriage is over, couples typically want the process to be as quick as possible. Many factors, such as the circumstances surrounding the divorce and certain legal requirements, can determine how long the divorce process will take in California.
There are several ways to expedite a divorce in California, but it can take careful planning, understanding the laws, and patience. This article will serve as a comprehensive guide on how to get a fast divorce in California.
Understanding California Divorce Laws
Before proceeding with the steps for a fast divorce, it’s essential to understand the basics of California divorce laws. California is a “no-fault” divorce state, which means neither spouse has to prove wrongdoing to get a divorce. “Irreconcilable differences” or “incurable insanity” are the only grounds for divorce in California.
Residency Requirements
Before filing for divorce in California, it’s essential to ensure you meet the residency requirements. One spouse must have lived in California for at least six months before filing the divorce petition, and the petitioner must also have resided for at least three months in the county where they are filing.
Waiting Period
After the date the spouse was served papers, California has a mandatory six-month waiting period before a California divorce can be finalized (California Family Code §2339). While the waiting period can be increased for good causes, it cannot be shortened. This time allows the couple to reconsider the divorce.
Methods of Divorce in California
While in the waiting period, there are some things you can do to help speed up the process after the required six months are over.
1. Uncontested Divorce
Settling divorce-related issues can significantly extend the timeline for your divorce if you and your spouse can’t agree. When you can agree on property division, child support, and alimony (an uncontested divorce), the timeline can be reduced because it avoids litigation.
2. Collaborative Divorce
A collaborative divorce is similar to an uncontested divorce, as you collaborate with your spouse to agree on issues without going to trial. However, with a collaborative divorce, your and your spouse’s lawyers are part of the negotiations. Having the lawyers present can help both parties feel the settlement is fair.
3. Mediation
Mediation is another option. During mediation, you and your spouse will work with a neutral third party to determine how issues will be settled. The mediator will help communicate between you and your spouse so that you can each voice your wishes and needs.
4. Summary Dissolution
A summary dissolution is easier than a regular divorce, but you must still wait six months. However, there are criteria that you must meet to be eligible.
- You’ve been married less than five years.
- There are no children (biological or adopted) under 18, and no one is currently pregnant.
- You don’t own a home
- Assets of less than $47,000 and debts of less than $6,000
- Alimony isn’t involved
- You agree on the division of marital property
Tips to Speed Up the Divorce Process
- Stay Organized — Keep track of all documents, deadlines, and court dates. Being organized can prevent unnecessary delays.
- Communicate Effectively — Open and honest communication with your spouse can help resolve issues quickly.
- Be Flexible — Be willing to compromise and remain flexible during negotiations. Rigid stances on minor issues can lead to prolonged disputes and delays.
- Set Clear Deadlines — Agree on deadlines with your spouse for each process step. Setting and sticking to a timeline can keep things moving forward efficiently.
- Prioritize Key Issues — Focus on resolving the most critical issues, such as child custody and support, property division, and spousal support. Once these major issues are settled, the rest of the process can proceed more smoothly.
- Avoid Emotional Confrontations — Emotional confrontations can slow the process and lead to more contentious disputes. Try to keep emotions in check and approach discussions calmly and rationally.
Expediting Divorce
Sometimes, if extenuating circumstances are present, the courts may accelerate the divorce process. One instance is in the case of domestic violence. If you feel your or your children’s safety is in danger, the court may prioritize your safety by expediting the proceedings.
Turn to Azemika & Azemika for Comprehensive Representation of Your Divorce
Although you can’t expedite a divorce in California, there are ways to get one. It requires effort and cooperation but is entirely achievable with the right approach. Divorce is unique, so make these steps fit your situation for the best results. By following this guide, you can navigate the complexities of divorce more efficiently and move forward with your life.
At Azemika & Azemika, we specialize in family law and understand that each case is unique. Our dedicated team will work to protect your interests, financial stability, and the well-being of you and your family. We set our clients on a better post-divorce future by focusing on family matters through sound legal planning.
Contact us today for a consultation.