Blog

 

After your divorce is finally completed, you may be asking yourself, “How long should I keep my divorce papers in California?” Alternatively, maybe your divorce case has failed to make progress for some time. An experienced divorce attorney can inform you of what your options are, including if your ex-spouse has failed to respond to the petition or negotiate.

If you have questions or are ready for a consultation with a family law attorney, contact Law Office of Michael L. Fell at 949-585-9055.

How Long Will It Take to Finalize My Divorce?

After filing the petition, the other spouse must be served the divorce papers, and a mandatory waiting period of six months will follow before the divorce can be finalized. Typically, during the six months, the relevant issues of the divorce will begin to be addressed; these include property division, spousal support, and if the couple shares children, custody, and child support.

Beyond this point, the amount of time it may take to complete a divorce will vary depending on the spouses’ circumstances. Some couples agree on most issues and take little time to settle the divorce, finalizing the dissolution soon after it becomes eligible. Other divorce cases may take a significant amount of time for a variety of reasons, such as there being many assets to divide, spouses disagreeing on one or more issues, or one party being unwilling to negotiate or compromise.

Are There Time Limits on a Divorce in California?

There are no time limits for which a divorce must be settled or finalized. However, the court may intervene if there’s been a long period of inactivity or if contesting spouses have been unable to reach an agreement on their own.

If you filed for marriage dissolution a long time ago and wish to continue the process, you can check the status of your case at the court clerk’s office. If your case hasn’t been dismissed, you can most likely pick up where you left off, and if the petition was dismissed, you will probably need to file a new one.

If your spouse hasn’t responded to your initial divorce petition or hasn’t continued with the proceedings, there are still ways to continue and finalize the divorce without them, depending on the circumstances of your situation. In the event two spouses can’t resolve their divorce matters outside of court, even with the help of their divorce lawyers, a mediator, or an arbitrator, they will likely need to finish the proceedings in court, with a judge determining how the issues will be handled.

Should I Hold Onto My Divorce Documents in CA?

It’s common to wonder how long you’ll need to hold onto your divorce paperwork, particularly when you want to get rid of any documents reminding you of your divorce. However, divorce papers contain important legal information that you should refrain from disposing of. In fact, the majority of states have guidelines regarding document retention for divorce paperwork, similar to how you are expected to keep your marriage license indefinitely.

It’s even vital to keep your marriage license and certificate with your records in addition to your divorce decree. These documents are proof that you and your ex-spouse were once married, which may have certain tax implications. A divorce order will have details concerning the spouses’ agreement on the division of assets, child custody, and other important issues. Divorce orders also include asset appraisals and financial records, which can later prove useful.

Storing Your Divorce Paperwork Safely

It’s a good idea to store your divorce paperwork somewhere safe, such as with other useful documents like tax forms, contracts, etc. If you need to make modifications to your child custody arrangement or alimony court order down the line, you can benefit from having the official order to refer back to. You may also need to provide the agreement document if you wish to change your name in the future, among other legal procedures.

Consult with a Divorce Attorney for Personalized Advice

If you have questions about your divorce paperwork or need assistance with your ongoing divorce case, it’s essential to consult with an experienced attorney. At Law Office of Michael L. Fell, our team is ready to guide you through every step of the divorce process, ensuring that your rights and interests are protected.

Contact Law Office of Michael L. Fell today at 949-585-9055 for a consultation and let us help you navigate the complexities of divorce and document retention in California.