What is the expected timeline and procedure for a divorce?

On Behalf of | Apr 25, 2024 | Divorce |

In California divorces, people can get caught up in the complexities of the case, what they hope to receive in terms of property division, think about child custody and parenting time, and wonder whether there will be spousal support. This can obscure the most basic factors such as understanding the timeline and fundamental requirements.

While these might not seem as essential as the primary issues, it is still wise to understand what to expect. It is also useful to be aware of what information will be needed to complete the divorce, how long it will take, what decisions need to be made and how it is finalized. People might gloss over these issues to their detriment.

Know the keys when getting divorced

There is a six-month waiting period before the divorce can be completed. When a person files, the spouse will have 30 days to respond. In some instances, there is no response meaning they are not taking part in the divorce. This can be a negative decision as the court will generally give the person who filed whatever they ask for. However, some couples come to a negotiated settlement on their own and a response is unnecessary. This is a default with an agreement.

Next, the parties must share their financial information, also referred to as a financial disclosure. Once the financial circumstances are known, the sides can make their own agreement or the court can look at the finances and decide how to split property and debt, decide on support issues and their duration.

Deciding how to address custody, parenting time, spousal support and property division depends on the couple’s relationship. If it is an amicable divorce, there is a greater chance of a seamless end to the marriage with little rancor. Many divorces are rife with conflict, so it is difficult to end the marriage without going to trial. Knowing the basics can give the couple an idea of what to expect.

Regardless of the issues, preparation is essential

Whether it is possible to complete the divorce without going to trial or there are issues that a judge will need to decide upon, knowing the terrain is important from the outset. This can help with knowing the objectives, gathering evidence and reaching a positive resolution to move forward after a divorce.