The following is a general overview of how long it takes to obtain a divorce in California. This is a general guideline. Every divorce has special considerations, so the length of time may vary in your case. Schedule a free consultation with us for a closer look at your situation.
Divorce Timeline
File and serve Summons/Petition/Preliminary Disclosure
File Default Judgment if opposing party not answered within 30 days
If custody and/or support are an issue:
File OSC simultaneously with Summons/Petition
Set for hearing usually within 30 +/- days (Return from Mediation)
Set for mediation with FCS within 2 +/- weeks
If filing for a modification of custody or support from an existing case or a post judgment, see item 2 above.
Parties Agree: If the parties are in agreement, and a Response is filed and disclosure has been exchanged then an MSA or stipulated judgment can be drafted.
Judgment may take up to 8 weeks after submitted to clerk for filed copies and final judgment to be entered (including default judgment)
Must wait at least 6 months plus one day for divorce to be final
Parties Don’t Agree: If the parties will not agree to a MSA or stipulated judgment, then we file a Memorandum to Set the Case for Trial.
Dates have to be set within 55-85 days of the filing of the Memo to Set
Mandatory Settlement Conference is set 1 week prior to trial
Don't delay. To schedule a free consultation about filing for your divorce or separation, please contact an attorney at our firm today. From offices in Sacramento, we represent clients throughout Northern California.