The short answer is, on average, nine months. Now, I'm going to break it down and explain at what point a divorce may take longer, or when it’s going to be less.
My ideal divorce case took about a month and a half to complete. This happened only one time in over 10 years. In that case, the client came into the office, we filled out the petition perfectly, and the other side didn't contest and didn't file a response. We were able to file for default where we submitted paperwork to the court after 30 days and when the other side didn't file a response, we did a default package a day after the response was due. Within two weeks, we received a package back and my client was single six months and one day from the time we served the other side. The judgment form, FL-180, set that. This is the ideal case.
Most other cases take much longer to complete. Why? If we have a case where both parties, one party files petition, the other party files a response, and they both start to exchange preliminary declaration of disclosures, as it is mandatory, (here I will link how to fill out a PDD FL142, and FL 150) that can take up time. It can take a month to fill out the paperwork, to attach bank statements, and then to divide the pre-marital settlement agreement. The whole entire judgment package in itself, which compiles all the information, will take time to complete.
And in most cases, it takes about six months to get all the paperwork together and make all agreements and that's not even a contested case. If it becomes a contested case, then one party is filing for, let's say spousal support, attorney's fees, the hearing is going to be two to three months. It’s possible that the other side might get a continuance and then the case will become further delayed.
Then the court will issue a status conference to be completed sometime in the next six months. The court will set a mandatory settlement conference date then potentially a trial, so a divorce case can get dragged out. This is especially true during COVID-19 times, in which, the court doesn't set dates as close to each other like it used to be. I have also noticed that cases get delayed right now. Therefore, our office, when we complete a case, uses a private judge to expedite the judgment package, because most people who are going through divorce, they want to be divorced quickly.
When does it take more than nine months?
A divorce case can take more than nine months when a party files a custody request or spousal support request. Whenever we have to go to court, filing the above delays our proceedings significantly. The second most common question I get asked is, “does the six months and one day cooling off period apply to that waiting time?” No, the court can already say in the judgment, a date in advance, that both parties are single. There is no requirement to wait six months to do any paperwork or exchanges. In fact, it's the opposite. I suggest both parties that they follow a guideline where after one party files a petition and serves it, they are required to provide preliminary declaration of disclosures within 60 days and the other side is required to provide theirs as well within 60 days, from the time they're being served with the petition. The six months sort of "cooling off" period can be used wisely.
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