Family Law

California divorce is often a time-consuming process

California divorce is often a time-consuming process
By Ron Sokol, DailyBreeze.com

Question: Why does a divorce in California have to take at least six months? After six months, am I still married even if I don't want to be? And, if one party does not want the divorce, can it be prevented?

- J.H.

Answer: California law requires at least six months to pass from the date the divorce petition is served for the divorce to become final. The rationale historically has been that this provides a period of time during which the parties might "cool off" and possibly reconcile their differences.

You can make a formal request to the court to bifurcate your case, such that after six months you are deemed divorced, that is, no longer married, but the other issues in your case (if not resolved) will continue to be dealt with by the court. For example, property division, spousal if not also child support and, if applicable, parenting issues.

Divorce in California can and will go forward even if just one party to the marriage wants it. We have a no-fault divorce system where "irreconcilable differences" is the key phrase, even if one side disagrees.

From San Francisco Family Law Blog posted 2007-08-15.