HOW LONG UNTIL I CAN BE DIVORCED?

Most people considering divorce are unaware of the actual procedural steps required in order to obtain a Judgment of Dissolution.  All too many times clients have asked me if they are divorced six months after they file a Petition for Dissolution, even though no other action has taken place.  This blog is devoted to a quick overview of the required procedure to obtain a Judgment of Dissolution and is only intended for informational purposes only and is not intended as a substitute for legal advice.  There are many issues to consider and your individual circumstances should be discussed with a licensed and practicing attorney to determine the proper course of action for you.

So, "How long until I can be divorced?"  The answer is six months and one day from the date the filed Petition and Summons were served on the other spouse.  However, merely filing, serving and waiting are not enough.  All of the phases discussed below must be completed before a Judgment for Dissolution can be entered. 

PHASE I - JURISDICTION:

Before the Court can make any orders in your case, the court must have jurisdiction over you, your property, and the subject matter of your case.  The threshold is that before a Judgment of Marital Dissolution can be entered unless at least one party was a resident of California for six (6) months, and of the county in which the Petition for Dissolution was filed for three months, immediately preceding the filing of the Petition for Dissolution.  Typically in divorce cases, jurisdiction is not contested, but there are situations that arise where it is appropriate to challenge whether or not a court has jurisdiction.  More commonly, the issue is venue, whether a specific court is more suited than another to hear the action.  Issues of jurisdiction and venue are beyond the scope of this specific blog and may discussed in future blogs.


Typically, the jurisdictional requirement is accomplished through the filing of a Petition for Dissolution and Summons, serving it on the other spouse, and that spouse filing a Response and Request for Dissolution.  (I would like to point out that page two (2) of the Summons contains important automatic temporary restraining orders that should be reviewed and discussed an attorney.  Acting in contradiction to those restraining orders could lead to sanctions or other court action.)  Correctly preparing the Petition and Response is extremely important and you should consult with an attorney, or your local Family Law Facilitator before filing the paperwork, to determine if any special circumstances apply to your case that would require specific language to be included in your filing.

Assuming the Petition and Summons have been properly filed and served, and the Response has been property filed and served, the Court now has jurisdiction to enter orders in your case.

Issues of jurisdiction and venue are very complicated and an attorney should be consulted if jurisdiction and/or venue is at issue.  Similarly, preparation and service of the Petition and Summons is extremely important and could have far reaching effects.  For this reason it is highly recommended that you seek legal advice to assist you in completing the Petition or Response. 

PHASE II - DISCLOSURE:

Family Code § 2104 requires each party serve on the other party a Preliminary Declaration of Disclosure.  This must be accomplished before a Judge will sign a divorce Judgment.  The Declaration of Disclosure consists of three specific and distinct forms: (1) Declaration of Disclosure; (2) Income and Expense Declaration; and (3) Schedule of Assets and Debts.  The Disclosure requirement is necessary to ensure that both parties are well informed about assets and liabilities that are subject to the court's jurisdiction so they can make informed decisions concerning their disposition.

The Declaration of Disclosure form is a one page check-the-box form which is signed under penalty of perjury.  The Income and Expense Declaration discloses exactly what the name suggests - the income and expenses of the party completing the form.  Supporting income documents such as W-2, pay stubs, tax returns, and self employment financial records (profit and loss statements) must be attached.  The Schedule of Assets and Debts is required in order to provide full and accurate disclosure of all assets and liabilities in which each spouse has or may have an interest.   Supporting documents such as property appraisals, mortgage statements, bank and other financial institution statements, and debt statements must be attached.  

The law requires that each party exchange a Preliminary Declaration of Disclosure shortly after filing the Petition for Dissolution and Response, and a Final Declaration of Disclosure prior to trial.  The Final Declaration of Disclosure may be waived by agreement, but is not recommended in all cases.
 
The Declaration of Disclosure is not filed with the Court, only exchanged between the parties.  Proof that you have served your Declaration of Disclosure is required.  

Completing the disclosure documents is an extremely important aspect of your case and could have far reaching implications as each document in signed under penalty of perjury.   It is highly recommended that you seek legal advice to assist you in completing your disclosure requirements.   

PHASE III - RESOLUTION:

Once the first two phases have been successfully completed, the final phase is resolution.  Marital Dissolution cases are resolved either by agreement of the parties, or trial.  Please refer to my blog entitled, "CHOOSING THE RIGHT FAMILY LAW PATH FOR YOU BEGINS WITH THE CHOICE OF LAWYER AND CHOICE OF PROCESS" which discusses options of resolving the case - mediation, collaborative, or litigation.  You will recall that even in litigation the primary goal is settlement.

DATE OF DISSOLUTION:

Once all three phases are successfully completed, a Judgment of Dissolution containing all requested orders can be submitted.  In Sonoma County, Judgments take between 3-6 weeks for the Court to process.  In completing the Judgment documents you must specify the date of marital dissolution.  In some cases, this will be an actual date.  In most cases, the date will be "Upon Entry of Judgment", which means that the Court will state the date of dissolution as the date the Judge signs the Judgment.  Then, and only then, are you completely divorced.