Divorce in California: Timelines and What to Expect

Thinking about divorce in California? Be prepared for a process that takes time. By law, the earliest you can be legally single again is six months from when the case begins, but many divorces stretch beyond that. The duration depends on how quickly you and your spouse exchange information and resolve issues such as property and spousal support. The six-month rule is only the minimum, not a guarantee.

Mandatory Residency Requirements and Where to File

Before filing, both partners must have met the minimum residency requirements.  Either you or your spouse must have lived in California for at least six months, and in the county where you plan to file for at least three months. If neither of you meets the requirements, you may file for a legal separation. You can convert it to a divorce once you meet the minimum requirements.

When the Clock Begins

The waiting period begins when your spouse is served or makes an appearance in court. It does not begin the moment you file.  The court can extend the period for good cause, but it cannot shorten it. This is why prompt service matters if you want the earliest possible end date.

Key Early Steps that Affect Timing

To file for divorce, you must complete the petition and related forms and then serve the divorce papers. A third party who is at least 18 serves the documents. After service, your server completes form FL-115, Proof of Service of Summons, and you file it with the court. This step proves the date service occurred and confirms when the waiting period begins.

Your Spouse has a Deadline to Respond

After service, your spouse has 30 days to file a response. If there is no response within 30 days, you can request a default. If your spouse does respond, your case moves forward to disclosures, negotiation, and either an agreement or a hearing. The 30-day clock helps keep your case on track in the first month.

Why Some Cases End Shortly After Six Months 

If the parties agree on all terms, you can submit a judgment package before the six-month mark. The judge can sign it and set your marital status to end on or after the statutory date. Many uncontested cases follow this path. You still wait out the mandatory six-month waiting period, but you avoid additional court appearances and delays. If you qualify for summary dissolution, your case can proceed more quickly, with a final date set six months from the date of filing with the court.

Why Other Cases Take Longer than Six Months

Disagreements add time. Contested property division or issues around separate property can require valuations, appraisals, or discovery. Conflicts over spousal support may require income and expense declarations, as well as court hearings in some instances. Cases involving children often require parenting plans and support calculations. If your children are under 18 years, the court will focus on their best interests. Court backlogs and incomplete forms can also push dates out. Six months is only the earliest possible end to your marital status. Your divorce proceedings can continue for months after that if issues remain.

California is a No-Fault State

You do not need to prove fault in a divorce. You can proceed with irreconcilable differences. That lowers the legal standard, but it does not shorten the waiting period. The six-month rule still applies.

Typical timeline you can expect

Weeks 1 to 4: You confirm residency requirements, prepare and file your petition, and serve the divorce papers. Your server completes form FL-115 Proof of Service of Summons. The 30-day response window starts on the service date.

Weeks 5 to 8: Your spouse may file a response. If no response is filed within 30 days, you can pursue a default. If a response is completed, both sides prepare preliminary financial disclosures. You identify marital property, separate property, debts, and income. You can begin negotiating property division and spousal support.

Months 3 to 5: You continue exchanging information. Many divorcing couples reach an agreement during this period. If the parties agree, you submit a proposed judgment for the judge to review. If you cannot agree, your attorney may schedule additional hearings to resolve specific issues. Mediation is a common approach and can help shorten the overall timeline.

Month 6 and beyond: The mandatory waiting period expires on the date set by law. If your judgment is already on file and approved, your marital status can end on or after that date. If your paperwork is not complete or if there are still outstanding disputes, your divorce case will continue. The court can bifurcate marital status in some cases, which ends your marital status while property and support issues remain pending. This option can be helpful when the settlement is close but not yet final.

What you can do to Avoid Delays

Serve early and prove service. The sooner you serve, the sooner the clock runs. File the FL-115 as soon as service occurs. Respond on time. If you are the responding spouse, file a response within 30 days to protect your rights and maintain a predictable schedule. Organize your documents. Accurate disclosures reduce back and forth. Focus on clear, written agreements. When both parties agree on the terms, the court can review your paperwork sooner. Work with an experienced Pasadena divorce attorney who will help you avoid form errors and mistakes that can cause extra weeks of delay.

The Bottom Line

The duration of a divorce in California depends on your specific situation. California requires a mandatory six-month waiting period, which starts from the date of service or appearance. Plan for at least six months, or more. Disclosures, negotiations, and court reviews are based on how quickly the parties agree and how complex your finances are.

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