How Long Does a Divorce Take in California in 2026?
Authored by Izzat H. Riaz – Californian Paralegal, U.K. Certified Lawyer (LL.M.)
Understanding the Six-Month Waiting Period and What Really Affects Your Timeline
One of the first questions I hear from people considering divorce is simple but loaded: How long is this going to take? The short answer is that California law imposes a mandatory minimum, but the real timeline depends far more on the people involved than on the statute itself.
As an LL.M. and certified paralegal who works closely with California family law, I can tell you this upfront: no divorce in California can be finalized in less than six months, but many take longer, sometimes much longer. Understanding why can save you frustration, money, and unnecessary stress.
California Divorce Basics
California is a no-fault divorce state. You do not need to prove adultery, abandonment, or wrongdoing. Most divorces are filed on the ground of irreconcilable differences.
Before filing, residency requirements must be met. At least one spouse must have lived in California for six months and in the county of filing for three months. If those requirements are not met, the court does not have jurisdiction to grant a divorce, which can delay the process.
Some couples choose legal separation instead of divorce when they want court orders for custody, support, or property but are not ready to dissolve the marriage. Legal separation does not have the same waiting period, but it also does not end the marriage.
The Mandatory Six-Month Waiting Period
California law requires a minimum six-month waiting period before a divorce can become final. This is not optional, and judges cannot waive it.
The six months begin on the date the divorce petition is served on the other spouse, not the date it is filed. Even if both spouses agree on every issue and submit all paperwork immediately, the marriage cannot legally end until the six months expire.
Think of this as the floor, not the ceiling. Six months is the fastest possible divorce timeline in California, not the typical one.
What Actually Determines How Long a Divorce Takes
Once you understand the six-month rule, the real question becomes what happens during and after that period.
Uncontested Divorce
An uncontested divorce is one where both spouses agree on all issues, including property division, child custody, child support, and spousal support. When there is a clear written agreement and no disputes, the divorce can usually be finalized shortly after the six-month waiting period ends.
In practice, uncontested divorces often take six to twelve months total, depending on how quickly paperwork is completed and processed by the court.
Contested Divorce
A contested divorce occurs when the spouses disagree on one or more issues. Even a single unresolved issue can turn a case into a contested divorce.
These cases often involve discovery, multiple court hearings, settlement conferences, and sometimes trial. A contested divorce commonly takes one to three years, and complex cases can take longer.
Children and Custody Disputes
Cases involving children usually take more time, especially when custody or parenting time is disputed. California courts require mediation before a judge makes custody decisions, and unresolved custody issues slow everything down.
Judges are cautious in custody matters, and rightly so. Decisions must be made in the child’s best interests, which takes time and careful evaluation.
Prenuptial Agreements
A valid prenuptial agreement can significantly shorten a divorce by resolving property and support issues in advance. That said, if the prenup itself is challenged, it can have the opposite effect and extend the case.
Mediation and Settlement Efforts
Divorces that use mediation or other forms of alternative dispute resolution tend to move faster than those that go straight to litigation. Settlements save time because they reduce court involvement and limit the number of hearings required.
The California Divorce Process Step by Step
The process itself follows a fairly predictable path.
First, one spouse files a Petition for Dissolution of Marriage and serves it on the other spouse.
Second, the responding spouse has thirty days to file a response. If no response is filed, the case may proceed by default.
Third, both parties exchange mandatory financial disclosures. This step is required in every divorce, even uncontested ones.
Fourth, if there are disputes, the case moves into negotiation, discovery, or mediation.
Fifth, unresolved issues are decided in court through hearings or trial.
Finally, once the six-month waiting period has passed and all issues are resolved, the court enters a judgment and the divorce is finalized.
Types of Divorce and Their Typical Timelines
Summary dissolution is available only to couples who meet strict criteria, including a short marriage, no children, minimal property, and full agreement. These cases can finish close to the six-month minimum.
Uncontested divorces typically take six to twelve months.
Contested divorces usually take one to three years.
High-asset cases, business ownership disputes, or intense custody battles can take two years or more.
Costs, Delays, and Common Pitfalls
Time and cost are closely linked in divorce. The longer a case takes, the more expensive it usually becomes.
Delays often come from incomplete paperwork, missed deadlines, failure to exchange disclosures, or ongoing conflict. Court backlogs and scheduling delays also play a role.
In my experience, many divorces take longer than necessary not because the issues are unsolvable, but because the parties are unprepared or poorly advised.
How to Keep Your Divorce Moving Forward
You cannot eliminate the six-month waiting period, but you can control much of what happens during it.
Working toward agreement where possible makes a dramatic difference. Using mediation instead of litigation saves time and emotional energy. Staying organized with financial disclosures and meeting deadlines prevents unnecessary setbacks.
Getting legal guidance early, even in amicable cases, often prevents mistakes that cost months later.
Final Perspective
So how long does a divorce take in California? The legal minimum is six months, but the real timeline depends on cooperation, complexity, and preparation.
Some divorces end almost as soon as the waiting period expires. Others take years. The difference is rarely the law itself. It is how the parties navigate the process.
From my perspective, the most efficient divorces are not the ones rushed to the finish line, but the ones handled deliberately, with clear agreements and informed guidance. That approach reduces stress, controls costs, and allows people to move forward with their lives sooner and with fewer regrets.
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