How Long Does Divorce Take in California?

If you're facing divorce in California, one of your first questions is likely "how long will this take?" The answer depends on whether your case is uncontested or contested, but one thing is certain: California law requires a mandatory 6-month waiting period before any divorce can be finalized. This guide breaks down the timeline from filing your petition through receiving your final decree, helping you plan realistically for each phase of the process.

The Mandatory 6-Month Waiting Period

California Family Code § 2339 establishes an absolute minimum waiting period: your divorce cannot become final until at least 6 months after the earlier of:

• The date your spouse was served with divorce papers, OR
• The date your spouse first appeared in the case (typically by filing a Response)

This waiting period serves as a mandatory "cooling-off" period, giving couples time to reconsider reconciliation. Importantly, this period cannot be waived or shortened under any circumstances, even if both spouses agree and want to finalize quickly.

However, the 6-month wait doesn't mean everything is on hold. During this period, the court can—and often does—issue temporary orders addressing child custody, child support, spousal support, and use of property. These interim arrangements keep life functioning while the divorce proceeds.

Even during California's mandatory 6-month waiting period, an AI divorce planner can help you organize your finances and prepare for life after divorce.

Phase 1: Filing and Service (Weeks 1-4)

The California divorce timeline officially begins when one spouse (the Petitioner) files paperwork with the Superior Court and serves the other spouse (the Respondent).

Filing the Petition

The Petitioner completes and files several forms with the court:

• FL-100 (Petition): The main document requesting dissolution of marriage
• FL-110 (Summons): Official notice with automatic temporary restraining orders
• FL-105 (UCCJEA Declaration): Required if you have minor children

The typical filing fee in California counties is $435 (though the statutory base is $355, counties add surcharges). Fee waivers are available for qualifying individuals using forms FW-001/FW-003.

Service of Process

After filing, the Petitioner must properly serve the Respondent, usually via:

• Personal service: Hand-delivery by a process server or sheriff ($50-$150)
• Acknowledgment of service: Respondent signs form FL-117 (mail service only valid with signature)

Proof of service must be filed with the court using form FL-115. The Respondent then has 30 days to file a Response (FL-120).

Timeline for Phase 1: 1-4 weeks (depending on service method and cooperation)

Phase 2: Response Period (Days 1-30 After Service)

Once served, the Respondent has 30 days to file form FL-120 (Response) with the court. This is a critical deadline because:

• If Response is filed: Both parties participate in the case and negotiate terms
• If no Response: Petitioner can request a default judgment, meaning the court may grant everything requested without the Respondent's input

Filing a Response also requires a $435 filing fee (or fee waiver application). Even if the Respondent agrees with everything, filing a Response ensures they have a voice in the process and can participate in negotiations.

Timeline for Phase 2: 30 days from service

Phase 3: Financial Disclosures (Months 2-4)

California requires both spouses to exchange complete financial information, regardless of whether the divorce is contested. This transparency is mandated by Family Code § 2104 and includes two stages:

Preliminary Declaration of Disclosure

Both parties must serve preliminary disclosures within specific deadlines:

• Petitioner: Within 60 days of filing the Petition
• Respondent: Within 60 days of filing the Response

The disclosure package includes:

• FL-140: Declaration of Disclosure
• FL-142: Schedule of Assets and Debts
• FL-150: Income and Expense Declaration
• Last 2 years of tax returns

Critically, you file form FL-141 (Declaration Regarding Service) with the court as proof you served the disclosure, but you do not file the actual financial documents with the court.

Final Declaration of Disclosure

Before trial or when reaching settlement, both parties must exchange updated final disclosures. However, many couples sign form FL-144 (Stipulation and Waiver) to skip this step if they've reached full agreement.

Timeline for Phase 3: 60-90 days for preliminary disclosures, with final disclosures due before judgment

Phase 4: Temporary Orders (Months 2-5)

While the divorce is pending, either party can request temporary orders to address urgent issues using form FL-300 (Request for Order). Common temporary orders include:

• Child custody and visitation: Temporary parenting schedule
• Child support: Based on statewide guideline formula
• Spousal support: Temporary financial assistance
• Exclusive use of home: Who stays in the family residence
• Attorney's fees: Requesting the other party contribute to legal costs

Mandatory Custody Mediation

If custody or visitation is disputed, California Family Code § 3170 requires the parties to attend mediation before a custody hearing. County procedures vary:

• Recommending mediation: Mediator may make recommendations to the court
• Confidential mediation: Discussions remain private

Timeline for Phase 4: 2-3 months from filing the Request for Order to the hearing date

Phase 5: Settlement or Trial (Months 4-18+)

This phase is where timelines diverge significantly based on whether your case is uncontested or contested.

Uncontested Divorce (Agreement on All Issues)

If both spouses agree on property division, child custody, support, and all other issues, the process is streamlined:

• Draft a stipulated judgment outlining agreed terms
• Complete required attachments (FL-341 for custody, FL-342 for child support, FL-343 for spousal support)
• Submit to the court for judge's signature
• Wait for the 6-month period to pass

Uncontested timeline: 6-8 months total (limited only by the 6-month waiting period)

Contested Divorce (Disputes Requiring Resolution)

When spouses cannot agree, the case proceeds through additional steps. Understanding whether to pursue litigation or mediation can significantly impact your timeline and costs:

• Discovery: Form interrogatories (FL-145), document requests, depositions
• Case management: Status conferences every 180 days under California Rule of Court 5.83
• Settlement conferences: Court-ordered negotiation attempts
• Trial preparation: Witness lists, exhibit preparation, legal arguments
• Trial: Judge decides unresolved issues

Key legal standards the court applies:

• Property division: Family Code § 2550 requires equal division of community property
• Child support: Family Code § 4055 sets the mandatory statewide guideline formula
• Spousal support: Family Code § 4320 lists factors for long-term support
• Child custody: Court prioritizes child's health, safety, and welfare per Family Code § 3011

Contested timeline: 12-24+ months (courts aim for 75% of cases to finish within 12 months under CRC 5.83, but complex disputes extend this)

Phase 6: Final Judgment (Month 6+)

Once all issues are resolved and the 6-month waiting period has passed, the final judgment package is submitted to the court:

• FL-180 (Judgment): The final decree dissolving the marriage
• Required attachments: Custody orders, support orders, property division
• Stamped envelopes: For the clerk to mail copies to both parties

After the judge signs the judgment, the clerk mails form FL-190 (Notice of Entry of Judgment) to both parties. The judgment must specify the effective date of termination—which cannot be earlier than 6 months from service/appearance.

You are legally divorced as of the effective date stated in the FL-180 judgment, and you can remarry after that date.

Estimate Your California Divorce Timeline and Costs

Use our calculator to estimate your timeline and costs based on whether your case is uncontested or contested.

Real-World Timeline Scenarios

Scenario A: Uncontested Divorce with Full Agreement

Facts: Married 7 years, 2 minor children, both W-2 employees, renting home, modest retirement accounts, no real estate.

Timeline:

• Month 1: File petition, serve spouse, Response filed
• Month 2: Exchange preliminary disclosures
• Month 3: Negotiate and finalize settlement agreement
• Month 4: Submit stipulated judgment to court
• Month 6+: Judge signs judgment after 6-month wait

Total time: 6-8 months
Estimated cost: $2,000-$5,000 (filing fees, service, minimal attorney consultation)

Scenario B: Contested Divorce with Custody Dispute

Facts: Married 10 years, 2 children, disputed custody schedule, home with equity, stock options, retirement plans, business interests.

Timeline:

• Months 1-2: File, serve, respond; request temporary orders
• Months 3-4: Mandatory custody mediation, temporary hearing
• Months 5-6: Exchange disclosures; conduct discovery
• Months 7-9: Status conferences; additional discovery; business/property valuations
• Months 10-12: Settlement conference; trial preparation
• Months 13-18: Trial on unresolved issues; post-trial motions
• Month 18+: Final judgment entered

Total time: 12-24+ months
Estimated cost: $15,000-$50,000+ (attorney fees, expert witnesses, court costs, discovery expenses)

Frequently Asked Questions

Can the 6-month waiting period be shortened or waived?

No. California Family Code § 2339 is mandatory and applies to all divorces without exception. Even if both spouses want to finalize quickly and agree on everything, the court cannot enter a final judgment terminating marital status until at least 6 months have passed.

What happens after the 6-month period expires?

The marriage status does not automatically end. A judge must still review and sign the judgment. Once signed, the judgment specifies an effective date (which must be at least 6 months from service), and you become officially divorced on that date.

Can I remarry before the 6-month period ends?

No. You cannot legally remarry until the divorce is final, which cannot occur before the 6-month waiting period. Attempting to remarry before the effective date stated in your judgment would create a bigamy situation.

Does the 6-month period apply to legal separation?

No. Legal separation does not have a mandatory waiting period. However, legal separation does not terminate your marital status, so you remain legally married and cannot remarry.

Can we agree to a faster timeline if we're both cooperative?

You can certainly move through the paperwork phases quickly if you agree on all terms. However, the final judgment cannot be entered until the 6-month statutory period has passed. The best strategy for an amicable divorce is to complete all negotiations and paperwork early, then submit your stipulated judgment just before the 6-month mark so the judge can sign it promptly once the period expires.

Using the Divorce AI platform ensures you're financially prepared at every step of California's divorce timeline.