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HOW LONG DOES DIVORCE TAKE IN CALIFORNIA? - YouTube
Channel: Divorce Attorney Diana
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hi guys
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and welcome to my channel my name is
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dianna manowska and i
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am a certified family law specialist
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practicing
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family law in the bay area today i would
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like to talk about
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most asked question in every single
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consultation
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how long this actually divorce is going
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to take
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to cut through the chase my answer is on
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average
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nine months now i'm going to break it
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down
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at what point it's going to take longer
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when it's going to be less
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my ideal case took about a month and a
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half
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that was only one time in over 10 years
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and in that case the client came into
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the office we filled out the petition
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perfectly the other side didn't contest
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didn't file a response we were able to
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file the default
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submitted paperwork to the court was in
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after 30 days after the other side
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didn't file a response
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submit a default package a day after the
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response was due
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and within two weeks we received a
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package back
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and my client was single six months and
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one day
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from the time we served the other side
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so the fl 180 the judgment form already
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said that so
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that's the the ideal case
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most other cases are taking much longer
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why if we have a case where both
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parties one party files petition the
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other party files
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a response and they both start to
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exchange preliminary declaration of
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disclosures
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as it is mandatory here i will link
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how to fill out pdd fl 142 and fl 150
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when they both exchange that that can
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take a month to fill out the paperwork
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to attach bank statements
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and then divide all assets prepare
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marital settlement agreements so the
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whole entire judgment package in itself
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compiling all the information will take
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time
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and so in most cases it takes about
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six months to get all the paperwork
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together make
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all agreements and that's not even
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contested
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so if it becomes a contested case
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then one party is filing for let's say
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spousal support attorneys fees
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the the hearing is going to be two to
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three months the other side might get a
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continent
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and then it gets delayed and then there
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is a status conference some sometime in
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six months the court will say mandatory
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settlement conference date
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then potentially a trial and so it can
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get dragged out
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and especially in 19 times right now
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it's
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the court doesn't set um dates as close
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to each other maybe as it used to be
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or i i have um i noticed that
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things get delayed right now so that's
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why our office
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is when we complete a case we use
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private judge
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to expedite the the judgment package
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because most people who are going
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through divorce they want to be divorced
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now
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um so that's that's uh
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when does it take more than nine months
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uh when
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someone files a custody request
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spousal support request whenever we have
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to go to court
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that delays things significantly the
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second most common question i get to
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i get asked is um does the six months
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uh in one day cooling off period applies
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to that to that waiting
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time kind of answer it in the in the
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first scenario where
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the court can already so the answer is
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no the court can already
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uh say in the judgment a date in advance
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that both parties are single so there is
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no requirement to do nothing
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and wait until six months to do any
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paperwork exchanges so in fact it's the
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opposite i suggest both parties in fact
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there is a guideline after one party
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files
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petition and serves it they are required
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to provide
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preliminary declaration of disclosures
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within 60 days
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and the other side is required to
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provide to the other side
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so responding to the petitioner within
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60 days
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from being from the time they're being
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served
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with the petition so actually the six
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months
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sort of cooling off period can be used
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wisely i hope that was helpful
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and i will see you soon bye
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you
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