The ideal outcome of any divorce would obviously be both parties seeing eye to eye on every issue. If a couple can reach an agreement about terms, division of assets, custody, and other matters before the divorce goes to court, then it is a relatively easy situation known as “uncontested divorce.”
However, this is the exception and not the rule. In a “contested divorce,” either the couple cannot agree on the terms, or one party does not want a divorce in the first place. This can complicate matters immensely and draw out the divorce process, causing increased emotional and financial strain.
A contested divorce be made far less painful with the right legal counsel. Here at Holstrom, Block & Parke, APLC, we have the experience and knowledge to help you get through these trying times as quickly as possible while still retaining the best outcome.
Divorce is an uncertain time, no matter your circumstances. If you’re looking for guidance on how long a contested divorce is likely to take in California or even nationwide, let’s go ahead and get straight into it.
Factors Affecting the Duration of a Contested Divorce
By its very nature, a contested divorce is almost always going to take longer than an uncontested divorce. It is impossible to estimate the timing of a contested divorce as each one is a highly unique situation.
However, several factors can help you predict the duration of the proceedings.
State Laws and Procedures
Divorce laws differ in every state and sometimes even by county. While we are well versed in general divorce law, it’s important to note that our expertise is in Californian procedure, so the law may differ slightly if you or your spouse reside out of state.
In general, it takes at least six months to get a divorce in California, even if it is uncontested, due to a required 6-month waiting period. Nationwide, contested divorces take at least several months to over a year to get finalized.
Complexity of the Case
The main factor affecting the length of a divorce is the case's complexity. There are many factors to consider, but the main ones are:
- Division of assets and debts (any high-value assets, shared properties, businesses, etc.)
- Child custody and support arrangements
- Spousal support (alimony)
- Existence of prenuptial or postnuptial agreements
Any or a combination of these factors will add time to the divorce proceedings, especially in a contested divorce.
Level of Cooperation Between Spouses
A contested divorce comes baout due to lack of cooperation and agreement between spouses. The level of willingness to compromise and negotiate amicably has a major effect on the length of the proceedings.
In the case of a contested divorce, it is recommended to seek alternative dispute resolution methods, such as mediation or collaborative divorce. These tools can help ease and quicken a contentious divorce.
The higher the conflict level and the more intricate the litigation, the longer the divorce proceedings go. In turn, longer time periods lead to higher bills and stress levels for everyone involved.
Court Backlogs and Scheduling
The court system's ability to process your filing will also affect your timeline. While California has a mandatory six-month wait period, a backlog in the state court system may also affect the length of proceedings.
This can be exacerbated by the availability of court dates for hearings and trials and how this aligns with your and your spouse's schedules. Missed court dates can greatly delay proceedings.
The speed is also impacted by your particular judge's caseload and efficiency.
However, as divorces are generally processed in the county they are filed in, there is little point in shopping around for judges, so expect some variance based on your judge and location.
Stages of a Contested Divorce
So, what actually happens during a contested divorce? While it varies on an individual basis, here’s what you can roughly expect.
Filing and Serving the Divorce Papers
If you’re the one initiating the divorce, you will have to be the one to file the divorce papers. This generally can be done almost immediately and costs $435 to $450 to file. You can apply for a fee waiver if you qualify financially.
Once you’ve filed, you will need to serve your spouse with the divorce papers.
An adult who is uninvolved in the case is required to act as a server. This can be an acquaintance, the county sheriff, or a professional server.
They will present your spouse with a copy of the forms you have filed and a blank response form.
The served party then has thirty days to respond. If they do not do so within the designated time period, your case will move forward without their response.
Temporary Orders
When filing or soon afterward, you can request temporary orders before the divorce is finalized.
These include things such as custody, residence, or spousal support arrangements for the intermediary period.
Discovery
You and your lawyer will then work together to gather all of the necessary information for the divorce. This includes (frankly) a great deal of paperwork, including financial records, property deeds, and any other relevant information.
As California is a no-fault divorce state, you will not need to provide evidence of any wrongdoing of your spouse's fault unless it is criminal (theft, coercion, abuse, etc.)
Negotiations and Mediation
There will then be communication between you and your spouse, or more likely, your respective legal representatives, to attempt to reach a compromise.
You will need to reach an agreement on the division of assets, custody, alimony, and other matters.
Trial
The case will go to trial if an agreement cannot be reached. Both parties will present their requests and evidence, and a judge will decide upon the final agreement.
Final Judgment
Once a judgment has been passed, it is legally binding. If you are unhappy with the verdict, it is possible to appeal.
You can appeal after a certain time period, depending on the matter at hand. It is important to consult with your legal aid for guidance if you do wish to appeal.
Potential Timeline
It is difficult to estimate your divorce timeline accurately, as it varies so much on a case-by-case basis. However, here is a rough guide on what you should expect:
California
According to a 2019 survey conducted by Martindale-Nolo Research, contested divorces take at least 18 months to finalize in California.
The state does have a mandatory six-month wait period before any divorce can be finalized, but this is an optimistic goal considering the usual complexity of each case as well as the judiciary wait times.
Nationwide
The average time for a contested divorce is similar across the country. However, it could be worse! In Arkansas, a mandatory 540-day waiting period for divorce is in place, and getting a no-fault divorce is very difficult!
In general, complicated custody arrangements, shared properties, businesses, and intertwined finances will lengthen the divorce proceedings no matter where you are.
Tips to Potentially Speed Up Your Contested Divorce
It’s natural to want your divorce to be finalized as quickly as possible, as it is often one of the worst times in your life.
While it’s important to be meticulous, you can still take many steps to hasten your divorce process while still doing things the right way.
Early Negotiation
Keep talking if you can! Encouraging open communication and settlement discussions early in the process is one of the best ways to keep things flowing smoothly and faster throughout.
Mediation Focus
Divorce can be an extremely painful time, and it’s unfortunately common for spouses to want to hurt one another throughout the process.
While this might feel good in the short term, the best way to finalize a divorce quickly is to keep your focus on mediation and working towards a mutually agreeable solution.
Ultimately, this will benefit everyone.
Organized Documentation
It’s crucial to have all of your financial records, deeds, custody agreements, and other documentation organized and on hand as soon as you need it. This can prevent many pointless administrative delays.
Effective Communication with the Attorney
Make sure to obtain legal representation as soon as possible (before you file), and communicate with them clearly.
Being proactive in reaching out and quickly responsive will help you have smooth and helpful communication, as well as hastening proceedings.
Compromise and Realism
In a diverse, much like a partnership, it’s really only your actions that you have control of.
Being open to compromise and managing your expectations will not only lead to a faster divorce but will likely benefit your relationship with your spouse throughout the proceedings and lead to a more favorable outcome for everyone involved.
Consider Alternative Dispute Resolution
While resolving a contested divorce through the public court system is common, it is often the most drawn-out way to go.
If you’re looking for a quicker and neater resolution, it may be time to reconsider negotiation, seek external mediation, or even look for a private judgment.
The Critical Role of a Skilled Family Law Attorney
The most important step you can take to have a quick and successful contested divorce is to secure good legal representation.
This isn't something anyone can do on their own. Aside from their legal necessity, there are many benefits to hiring a skilled family law attorney.
Proficiency in Contested Cases
Good family law attorneys will have extensive experience in contested divorces and have the know-how to settle them favorably, often without even going all the way to trial (saving you time and money.)
Negotiation Skills
Your attorney can advocate for you and use their ability to negotiate effectively to your benefit.
This is especially crucial to understanding the dense legal rhetoric surrounding divorce and ensuring that emotions are kept out of it.
Efficiency and Guidance
The right attorney can help you streamline the entire divorce process, not just support you in the trial.
It’s important to get advice on your specific situation and how to navigate the proceedings to your advantage to ensure the best resolution.
All in all, to overcome the challenges of the divorce process, you need the right guidance and support.
If you’re facing a contested divorce, getting good representation is crucial to minimize the time spent on your divorce and maximize the positive outcomes.
Our Family Law Specialists and associates at Holstrom, Block & Parke, APLC, are ready to steer you through from start to finish. Call us at 855-939-911 or contact us online to get your confidential consultation today.
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