California Contested Divorces: Learn How Long They Take and What is Involved
Posted on: December 22, 2020
The “perfect” divorce is an uncontested one in which both parties agree about the separation and can work together to determine property division, spousal support, child custody, child support, and other essential parts of the divorce. These types of divorces take an average of about six months in California.
On the other hand, a divorce in which both parties cannot agree on the terms, also known as a contested divorce, can take months or even years to finalize. They might require numerous trips to court, rounds of negotiations, and other lengthy issues. Why is this? And how can your family law attorney help speed up the process? Get answers to these and other questions below.
There Are Several Issues That Make Contested Divorces Take So Much Longer
The main issue that makes these cases take longer is the fact that you need a judge that is free and can get you on their schedule. This can take time to get a court date. Other issues that can delay the finalization of divorce include figuring out child support and custody, either side making unreasonable demands, and arguments over spousal support.
If there are extensive assets (not just a lot of money, but several types of property such as numerous homes, many vehicles, etc.) and disagreements about the facts of the case.
Steps Involved in Contested Divorces
There are a number of steps that most contested divorces will involve. They include meetings with attorneys, the serving of divorce papers, waiting for a response (the respondent has 30 days), discovery, settlement, court, post-trial, and appeals. After the judge makes their final decisions on the divorce, either side can appeal that decision within 30 days. If they win the appeal, then the case goes back essentially to the beginning.
How Your Attorney Can Help Move Your Divorce Through Faster
If getting through the process sooner rather than later is a top priority for you, then your attorney can help you take steps to do that. This might mean giving up things you want or agreeing with stipulations you are not happy about. There are some things that you will fight no matter what – such as custody – but sometimes clients can become so involved in the process and so emotional that they do not realize they are holding up the process for something that is worth just a few hundred dollars.
Call Now for a Free Legal Consultation
If you want to talk to a family law attorney to determine your best options, then your next call should be to Law Office of Michael L. Fell at (949) 585-9055 . We can provide a free consultation during which we will go over the basics of your case and help you determine the best way forward. Call us today, and we can get started.
