Some couples want to get divorced as quickly as possible. They are impatient and anxious for a new start in life away from their former partner. This is not always possible according to California state law and in most cases, is not a good idea to rush the process.
California does not allow a divorce to become final until six months, at minimum, after the divorce petition is legally served on the other party. So, even if all the paperwork is filed correctly and there are no remaining issues to resolve, the court will not issue a divorce judgment until that official waiting period has expired.
What is Uncontested Divorce?
If a couple has little or no joint assets to consider, have no children, and agree on all terms, they may divorce sooner if they have all the paperwork in order and have correctly provided all documents the court requires.
In many cases, if the couple is doing the divorce themselves without the assistance of an attorney, the divorce is delayed past the six-month waiting period because one or both spouses have not filled in the paperwork properly or has not filed it as required by court rules.
When Rushing a Divorce is Not Recommended
Spouses who own assets together and/or have children should not prioritize getting the divorce done quickly. Divorce is a stressful event, emotions often run high, and all the aspects of child custody, child visitation, child support, division of assets, and possible spousal support need to be carefully considered before making a final decision. All aspects of a complicated divorce need to be given calm and levelheaded consideration.
The court requires a preliminary declaration of disclosure to be exchanged by the Parties. Some people do not like to do this because it requires them to gather financial documents, such as mortgage or rent statements, bank and other financial statements, and a list of expenses and income. The faster the couple provides an attorney with all the court-required documents, however, the faster a divorce can be processed.
The couple should take the time to discuss and resolve the issues. It may be difficult to move away from one train of thought in the beginning, but mediation sessions are geared towards discussing different options and seeking a solution that brings forth compromise.
Contact Kim Mediation and Law Center for Help