Quickly wrapping up a legal case can be a blessing. And one way to shorten the divorce process is to come to a full agreement with your spouse on all issues. But, how long does it take to get a divorce in San Francisco if both parties agree? The answer depends on the facts of your case, but the shortest amount of time it can take to finalize an uncontested divorce in San Francisco is six months and one day.
In this article, we go over the basics of an uncontested divorce and what can speed up or prolong your journey to the final decree. And at the Law Offices of Ali Yousefi, P.C., our highly experienced legal team can help you obtain an amicable divorce in the most efficient way possible.
Who Can Get an Uncontested Divorce?
To get an uncontested divorce in California, a couple must agree on all aspects of the divorce. This means that a couple must agree on:
- The grounds for the divorce,
- How to divide their community property and debts,
- Whether either of them will pay spousal support to the other (including the amount and duration),
- What child custody rights each spouse will have, and
- How much child support one spouse will pay to the other.
Negotiating these matters before you even file for divorce can help ensure a speedier divorce. And if you don’t know where to start or whether the divorce terms you are negotiating are fair, the Law Offices of Ali Yousefi can guide you through every step of the process.
Filing for a California Uncontested Divorce
A spouse must wait six months from one of the following events before they can receive a divorce decree:
- The date they have their spouse served with their petition and summons;
- The date their spouse responds to the divorce petition; or
- The date they file their appearance, stipulations, and waiver.
Getting organized before you start the divorce process can help ensure that the above-listed events go off without a hitch and fastrack you to a final judgment.
Filing in the Right Place
To start a divorce, you must file a petition for divorce with a county court that has jurisdiction over your case. A California county court has jurisdiction if you or your spouse has been in the state for at least six months and in the specific county for at least three months.
If you and your spouse just moved to California before deciding to divorce, waiting to fulfill the residence requirements might result in you waiting a full year before your divorce is final. And if you and your spouse have been living apart, pay attention to how long each of you has lived at your current residences before filing.
You may want to file at the court in the county where one of you has lived longer, even if that is not the court closest to you. This could help ensure that you meet the residency requirements sooner. However, you may want to speak to a knowledgeable attorney first to ensure there are no legal pitfalls (e.g., unfavorable judges or stringent local rules) in the county where you want to file.
Serving Your Spouse
After filing your divorce petition with the right court, you typically must have your petition and a summons personally served on your spouse. This means that you must have someone who is at least 18 and not a party in your divorce case personally deliver the divorce paperwork.
A divorce case can take longer to get started if you cannot locate your spouse or if your spouse dodges service on purpose. Making sure your spouse agrees to an uncontested divorce and the timeline for filing before submitting your paperwork can help ensure that your spouse is available for service as soon as possible. Making sure your spouse is ready to start the process can also help ensure that they respond quickly to the petition.
Waiting for Your Spouse’s Response and Providing Required Paperwork
A spouse who receives a divorce petition and summons has 30 days to respond. However, your spouse can provide this response immediately after being served. In both the petition and the response, spouses must give background information about the marriage, the children the spouses share, and the spouses’ finances. You and your spouse might want to go over the information needed to complete this paperwork before one of you files the petition so that one of you can submit a response as soon as possible.
Once your divorce case is open, you and your spouse might need to exchange disclosures regarding your income, finances, and property. You may also need to file a Declaration under Uniform Child Custody Jurisdiction and Enforcement Act form. The longer you take to exchange or file this paperwork, the longer your divorce might take. So, reviewing and filling out this paperwork in advance of filing your case can save you a considerable amount of time.
Submitting Your Agreements and Waivers
The crux of a California uncontested divorce case is whether you and your spouse agree on everything. Before the court can finalize your divorce, you must file an Appearance, Stipulations, and Waivers form, which usually must include:
- A statement from the spouse who did not file the petition (the respondent) that they are making an appearance in the case,
- A statement that you and your spouse agree that the divorce is uncontested, and
- An attached written agreement regarding all the terms of your divorce.
Hammering out the details of your divorce agreement before filing can be the key to keeping your divorce proceedings fair and short. And engaging in agreement negotiations with the help of an experienced attorney can be vital to protecting your rights.
Contact Us Today
The Law Offices of Ali Yousefi, P.C., have been providing top-notch legal services to the people of California for a decade. And we are an award-winning law firm that is ready to champion your rights. If you need help with your family law matter, call us or contact us online today.
Attorney Ali Yousefi is the founder of Law Offices of Ali Yousefi, P.C., and has distinguished himself as one of the leading lawyers in California. Ali values that his work allows him to make a direct, positive impact on the lives of people who have experienced stressful or traumatic events.
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