How long does it take to get a divorce in California? 9 Answers as of April 19, 2011

My wife and I have been separated for 2 years. I want to divorce so I can remarry, but have never even legally separated. How long will this take? I want to get the process started.

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Law Office of Curry & Westgate
Law Office of Curry & Westgate | Patrick Curry
It takes 6 months before you can obtain a divorce in California.
Answer Applies to: California
Replied: 4/19/2011
Bartholomew & Wasznicky LLP
Bartholomew & Wasznicky LLP | Hal D. Bartholomew
In order to obtain a dissolution of marriage (Divorce) in California you need to file a Petition for Dissolution and have that properly served on your spouse. Typically this is done by a process server but there is also a procedure where she can accept service without having to be physically served with the divorce papers. Once she has been "served" the earliest you can become unmarried is six months and a day. You should contact an attorney who can help with the paperwork to get this started. Tell your fiance that you will proceed as fast as possible but it will be over six months before you will be able to marry her. Remember, until the paperwork is filed with the court and your wife is served with the petition the six month period does not start to run.
Answer Applies to: California
Replied: 4/18/2011
Law Office of Joseph A. Katz
Law Office of Joseph A. Katz | Joseph A. Katz
You cannot regain single status for a minimum of six months after the Respondent is served with the Petition and Summons, assuming all other requirements are met.
Answer Applies to: California
Replied: 4/18/2011
Edwin Fahlen Attorney at Law
Edwin Fahlen Attorney at Law | Edwin Fahlen
In California the minimum time to become divorced is 6 months and 1 day from the time the court obtains jurisdiction over the respondent, which is usually the day that person is served with the petition. Becoming "divorced" is NOT automatic in this time period, this is simply the very minimum time it can happen.
Answer Applies to: California
Replied: 4/18/2011
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
"Legal Separation" is not a prerequisite to divorce. You are already separated, You just need to file and move forward with the divorce. You could seek a bifurcation of marital status from the other issues in your divorce, to enable you to marry your fiance' more quickly, but there are potential adverse consequences to a bifurcation. You should consult with and/or retain an experienced Family Law Attorney to counsel and represent you in your divorce.
Answer Applies to: California
Replied: 4/18/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    The fastest you can be divorced is six months and one day from the date the Respondent is served. If you are looking for an attorney to assist you with your case (and you are in my area), please contact me for a free consultation.
    Answer Applies to: California
    Replied: 4/18/2011
    Michael Apicella
    Michael Apicella | Apicella Law and Mediation
    The short answer is that judgment of marriage dissolution can be entered six months and a day from the time the "respondent" was "served" with the divorce petition. There is such a thing as "bifurcating status" of the marriage, so one can be divorced sooner than 6 months. Yet, other issues need to be addressed before a party can bifurcate status. Best to call a local family law lawyer to get all the details, as well as assistance with processing your divorce.
    Answer Applies to: California
    Replied: 4/18/2011
    Goldberg Jones
    Goldberg Jones | Zephyr Hill
    It will take 6 months before you can be single and marry the new person.
    Answer Applies to: California
    Replied: 4/18/2011
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