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Divorce Timeline

Divorce - How long does it take?

Timeline:

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

  1. File and serve Summons/Petition/Preliminary Disclosure
    • File Default Judgment if opposing party not answered within 30 days
  2. If custody and/or support are an issue:
    • File OSC simultaneously with Summons/Petition
      1. Set for hearing usually within 30 +/- days (Return from Mediation)
      2. Set for mediation with FCS within 2 +/- weeks
  3. If filing for a modification of custody or support from an existing case or a post judgment, see item 2 above.
  4. 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
  5. 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.

You can also visit our Sacramento Family Law Site to use our child support calculator or get more information on child support, divorce and other family law matters in Northern California.