You may have to wait months or even years to obtain the divorce you have long been waiting for if your spouse makes a concerted effort to prolong the process. But how long can a spouse drag out a divorce in California?
Your spouse may try to use some tactics to indefinitely delay your divorce, which is why it is important to know the best way to move forward. We will cover this and more below, so keep reading for our expert knowledge.
How Long Can a Spouse Drag Out a Divorce in California?
California has no specific limit on how long a spouse may drag out your divorce, but the court has some mechanisms in place to deal with uncooperative spouses. This typically involves issuing court orders to ensure divorce cases progress in a timely manner.
The divorce process in California is already complicated, and if your spouse is intentionally prolonging the process, it may leave you frustrated. In this case, the best thing to do is contact a legal expert to help you expedite the process.
As a firm that knows the complexities of the court’s ins and outs and retains the best family lawyers in California, Moore Family Law Group is here to guide you and ensure your rights are protected.
Divorce timeline – How long should a divorce take in California?
Uncontested divorces can be resolved in as little as six months from filing the petition to the final judgment. The parties have the ability to reconcile or dismiss the case at this time. Six months is also a fair estimation for all the forms both spouses need to file and settle an uncontested matter. The court will not terminate the marital status of any party until the six-month cooling-off period has run. Six months is the waiting period in California, also known as the cooling-off period.
Currently, given the nature of the court’s processing time and the amount of congestion in family court, the average divorce takes approximately 18 months – even when not contested. In contrast, contested divorces can last 2 years or even longer if one’s spouse decides to delay the process.
Why is my divorce taking so long in California?
The reason for a prolonged divorce can be because your spouse is intentionally delaying the process. Unfortunately, it is not uncommon for one spouse to feel wronged and use that as part of their reasoning. Sometimes a spouse simply can’t let go.
Our lawyers ensure you don’t have to go through it alone and meet any stalling tactics your spouse or their lawyer uses head-on.
For instance, even if your spouse doesn’t respond to your divorce petition, we may help you keep the process going by asking the court for a default.
Factors Contributing to Prolonged Divorce Cases
A prolonged divorce may also result from other factors besides a spouse dragging the proceedings out.
Complexity of marital assets and property division
Despite California being a no-fault divorce state, it also has community property laws. While you don’t need to prove fault to file for divorce, every asset and property you’ve acquired during your marriage will be split equally.
The more assets you have, the longer the process may be to distribute them equally. Not to mention, it is possible that your spouse may try to hide assets in an effort to avoid the community laws.
Disputes over child custody and support arrangements
Child custody and support are other factors that often lead to disputes delaying divorces. If you and your spouse have children, some disagreements may arise regarding visitation and child support. In these instances, the court will make the decisions that are in the children’s best interests.
Allegations of domestic violence or misconduct
Another unfortunate delaying tactic some spouses use is filing a false allegation of domestic violence. When the court receives an accusation of domestic violence against the other spouse or their children, the judge must consider the allegation.
Legal tactics employed by one or both spouses
Your spouse or their lawyer may try to use some legal tactics to delay the divorce, including:
- Filing motions and requests for continuances
- Discovery disputes
- Requests for additional documentation
These things may disrupt the process, but they are legal, and the best way to deal with them is with a reliable family law expert who knows how to maintain the ongoing process.
Strategies for Managing Prolonged Divorce Cases
Keeping open communication and being cooperative during negotiations is a good way to ensure the continuation of your divorce process. Your attorneys should help you reach an agreement that is beneficial for both.
If your spouse is willing to work with you to expedite your case, you may try mediation as an alternative dispute resolution.
On the other hand, if your spouse and their legal counsel are actively dragging out the proceedings, you may request the court’s intervention. You may request a hearing date to argue your case before the Court and obtain temporary orders. It is essential to do this with legal representation.
After hearing your argument, a judge may issue court orders against your spouse if they needlessly drag out the case. At a minimum, they may set additional court dates ordering the resolution of remaining issues.
Your attorney may ask your non-compliant spouse to pay your legal fees to compensate for your financial losses. Family Code 271 is an effective law that allows you to pursue legal fees and costs against your partner.
Conclusion
How long can a spouse drag out a divorce in California? As we mentioned, there isn’t a specific limit on how long a divorce case may last in California, but there are ways to continue with the divorce proceedings.
Beyond the six-month waiting period, your spouse may try to drag out your case even longer. Don’t be surprised if you receive a Notice from the court ordering both spouses to appear to explain why the case is stagnant and to give status.With our help, you may get your divorce promptly, even if your spouse is trying to stall.