How Long Does a Divorce Take in California?
Updated: Sep 6
The shortest possible divorce in California takes six months and one day from the date the respondent is served with the petition or files an appearance, because Family Code section 2339 does not allow the court to terminate marital status any earlier. That is the floor, not the average. An uncontested case with a signed agreement can be ready for judgment near the six-month mark. A contested case with disputes over custody, support, or property commonly takes a year or more, and cases that go to trial in Riverside County or San Bernardino County can take eighteen months to two years. The rest of this article explains where that time goes and what you can do about it.
Why Is There a Six-Month Waiting Period for Divorce in California?
The six-month period is written into the Family Code. It runs from the date the respondent was served with the summons and petition, or from the date the respondent filed a response or other appearance, whichever comes first. It does not run from the date the petition was filed, and it does not run from the date of separation. People often miscount the start date.
The six months govern only the termination of marital status. Everything else in a divorce, including custody orders, support orders, and property division, can be resolved earlier or later than that date. A judgment can be entered before six months have passed, with the termination of status set for a future date, so that the case does not have to be re-opened once the clock runs out.
What Is the Timeline for an Uncontested Divorce?
An uncontested divorce is one where the respondent either does not file a response or where both spouses sign a written agreement resolving every issue. Both paths can finish close to the six-month mark if the paperwork is done correctly the first time.
Filing and Serving the Petition
The case begins when the petitioner files a Petition for Dissolution of Marriage (FL-100) and a Summons (FL-110) with the superior court. If there are minor children, a Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (FL-105) is filed with the petition. Filing takes a day or two once the forms are complete, and in Riverside County most filings are submitted electronically.
The petition and summons must then be served on the other spouse by someone who is at least 18 years old and is not a party to the case. Personal service is fastest and cleanest. Substituted service under Code of Civil Procedure section 415.20 is available after reasonable diligence, but it adds time because the papers must also be mailed and service is not complete until ten days after mailing. Service by publication or posting under section 415.50 requires court permission and a showing that the other spouse cannot be located, which can add a month or more.
A Proof of Service of Summons (FL-115) is filed after service. The date on that proof of service is the date the six-month period starts, so it matters that the form is filled out accurately and filed promptly.
The Thirty-Day Response Window
The respondent has 30 days after service to file a Response (FL-120). If no response is filed, the petitioner can file a Request to Enter Default (FL-165) on day 31 or later. If the respondent does file a response, the case is technically contested, even if the spouses expect to agree on everything, and the parties proceed toward a stipulated judgment.
Preliminary Declarations of Disclosure
Before a judgment can be entered, the petitioner must serve a preliminary declaration of disclosure under Family Code sections 2104 and 2105. This consists of a Declaration of Disclosure (FL-140), an Income and Expense Declaration (FL-150), and a Schedule of Assets and Debts (FL-142) or Property Declaration (FL-160), plus a Declaration Regarding Service of Declaration of Disclosure (FL-141) filed with the court. The petitioner must complete disclosure even in a default case. A respondent who participates must complete disclosure as well. Missing or incomplete disclosures are among the most common reasons a judgment packet is rejected, and each rejection can cost several weeks.
Submitting the Judgment
In a true default, the petitioner submits a Declaration for Default or Uncontested Dissolution (FL-170), the proposed Judgment (FL-180), and a Notice of Entry of Judgment (FL-190), along with any attachments covering custody, support, or property. In an agreed case, the marital settlement agreement is attached to the judgment and both spouses sign. The court reviews the packet without a hearing in most uncontested cases. Review time varies by courthouse and by the court's backlog. When the judgment is signed, the clerk mails the Notice of Entry of Judgment, and marital status ends on the date stated in the judgment, which cannot be earlier than six months after service.
How Long Does a Contested Divorce Take in California?
A contested divorce is any case where the spouses cannot agree on one or more issues and the court has to decide. The timeline depends on which issues are disputed, how many hearings are needed, and how crowded the court's calendar is.
Requests for Order and Temporary Hearings
Early in a contested case, one or both spouses often file a Request for Order (FL-300) asking for temporary custody, visitation, child support, spousal support, or attorney fees. In Riverside County and San Bernardino County, a hearing on a Request for Order is commonly set several weeks to a few months out, depending on the department. If children are involved, the parties are usually sent to child custody recommending counseling under Family Code section 3170 before the hearing. Each Request for Order adds a cycle of filing, service, response, mediation, and hearing, and many contested cases involve more than one.
Discovery
When there is a dispute about income, property values, or separate property claims, the parties exchange formal discovery. This can include interrogatories, requests for production of documents, subpoenas to banks and employers, depositions, and appraisals of real estate or businesses. Responses are generally due 30 days after service, and disputes over incomplete responses can lead to motions that take additional months. Discovery is often the single largest block of time in a contested case.
Settlement Conferences and Trial
Most family law courts require a mandatory settlement conference before trial. Trial dates in the Inland Empire are often set months after the request for trial setting, and a trial can be continued when the court's calendar is full or a party is not ready. Even a one-day trial commonly waits several months for a date. After trial, the judge issues a decision, and one side prepares the judgment for signature. Objections to the form of judgment can add more weeks.
What Slows Down a California Divorce?
Some delays are built into the law, but most delays in real cases come from avoidable problems. Understanding them ahead of time is the best way to keep a case moving.
Problems With Service
A spouse who avoids service, moves without a forwarding address, or lives out of state can hold up the start of the six-month clock for months. Courts will not enter a default without a valid proof of service, and judges in Riverside County look carefully at whether substituted service was properly attempted.
Rejected Paperwork
Judgment packets are reviewed by court staff before they reach a judge. Common rejection reasons include a missing FL-141, an FL-150 that is more than a few months old, a judgment that does not address every issue raised in the petition, inconsistent dates between the petition and the judgment, and missing attachments for custody or support orders. Every rejection sends the packet back to the filer and restarts the review queue.
Disagreement Over Children
Custody disputes take the longest to resolve because they may require mediation, a custody evaluation, appointment of minor's counsel, or multiple hearings. Judges apply the best interest of the child standard under Family Code sections 3011 and 3020, and they want to see evidence of each parent's involvement and the child's stability. Gathering and presenting that evidence takes time.
Complex Property
Cases involving a business, retirement accounts that require a qualified domestic relations order, real estate with separate property contributions, or claims that one spouse hid assets take longer because they require valuation, tracing, and often expert testimony.
Can a Divorce Be Finished Faster?
You cannot shorten the six-month period, but you can make sure the case is ready for judgment the moment the period ends. That means serving the respondent promptly, completing disclosures early, and negotiating an agreement while the clock is running rather than after.
Summary Dissolution
Couples who meet the requirements of Family Code section 2400 can use summary dissolution, which is filed on a Joint Petition for Summary Dissolution (FL-800). It is limited to short marriages with no children, no real property, and limited community property and debt. It still takes six months, but the paperwork is simpler and there is no hearing.
Bifurcation of Marital Status
If the six months have passed but property or support issues are still unresolved, a spouse can ask the court to bifurcate and terminate marital status early under Family Code section 2337, leaving the remaining issues for later. Courts routinely grant these requests, subject to conditions that protect the other spouse's interests, such as health insurance and retirement rights. This is common when one spouse wants to remarry or wants the tax status of a single filer.
Stipulated Judgments
The fastest contested cases are the ones that become uncontested. When both spouses sign a marital settlement agreement, the judgment can be submitted without a trial and without waiting for a hearing date. Even a partial agreement narrows the issues and shortens any trial that remains.
How Long Does Divorce Take in Riverside County and San Bernardino County?
Local practice matters. In Riverside County, family law cases are heard at the Riverside Family Law Courthouse, the Southwest Justice Center in Murrieta, and the Larson Justice Center in Indio, and the timeline for a hearing date or judgment review varies among them. San Bernardino County family law matters are heard in San Bernardino, Rancho Cucamonga, Victorville, and Joshua Tree, again with different calendars. An attorney who appears in these courthouses regularly will know current review times and which departments are backed up, which helps set realistic expectations.
Across the Inland Empire, a well-prepared uncontested divorce commonly concludes in six to eight months. A moderately contested case with one or two hearings often takes nine to fifteen months. A case that goes to trial on custody or property routinely takes longer than a year. These are observations, not promises.
Frequently Asked Questions
Does the six-month period start when I file or when my spouse is served?
It starts when your spouse is served with the summons and petition, or when your spouse files a response or appearance, whichever happens first. The filing date does not start the clock. If service is delayed, the earliest possible termination date moves back with it.
Can we be divorced sooner if we both agree?
No. Agreement lets you submit the judgment sooner, but the court cannot terminate marital status before six months have passed from service or appearance. Your judgment can be entered earlier with a future termination date so nothing else needs to be filed once the date arrives.
What happens if my spouse never responds?
After 30 days from service you can request entry of default on form FL-165 and submit a default judgment packet. You must still serve your preliminary declaration of disclosure. The court will enter judgment on the terms requested in the petition if they are supported and lawful, and marital status will end no earlier than six months after service.
Do I have to wait six months to get custody or support orders?
No. Temporary custody, visitation, child support, and spousal support orders can be requested at any time after the case is filed, using a Request for Order on form FL-300. Those orders take effect when made and stay in place until the judgment replaces them.
Can I remarry before the divorce is final?
No. You are legally married until the judgment terminates marital status. If your case is taking a long time because of property or support disputes, ask about bifurcation under Family Code section 2337, which allows the court to end the marriage while reserving the other issues.
Why was my judgment packet rejected?
The most common reasons are missing disclosure forms, an outdated Income and Expense Declaration, attachments that do not match the boxes checked on the judgment, and unresolved issues that were raised in the petition. Correcting the problem and resubmitting is usually straightforward, but each cycle adds review time.
Gramling Law Group handles divorce and dissolution matters throughout Riverside County, San Bernardino County, and the Inland Empire, with flat-fee and limited-scope options for uncontested cases and full representation for contested ones. Call (909) 654-4575 or contact us through this website to schedule a consultation.
This article is educational and is not legal advice. Reading it does not create an attorney-client relationship. It addresses California law only.
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