How long does a divorce take?

Divorce timeline varies based on whether it's contested or uncontested, state requirements, and case complexity. Uncontested divorces can be finalized in a few months, while contested cases may take over a year. This information is general in nature and not legal advice. Please consult with an attorney for guidance specific to your situation.

Family Law | Lancaster, California

Your Guide to Rights & Responsibilities

Family relationships shape our lives in profound ways. When those relationships face legal challenges, the path forward can seem overwhelming. At the law firm of Candace Jones, we guide Lancaster families through their most difficult transitions with compassion, clarity, and skilled advocacy.

California family law addresses the legal aspects of our most important relationships—marriage, parenthood, and family bonds. Whether you’re contemplating divorce, seeking a fair custody arrangement, or need assistance with support orders, our team provides the guidance you need during life’s most challenging moments.

Divorce and Legal Separation in California

What happens when a marriage ends in California?

California follows a “no-fault” divorce system. This means neither spouse needs to prove wrongdoing to end the marriage. Instead, you can simply cite “irreconcilable differences” as the reason for divorce.

Before filing for divorce in California, at least one spouse must have lived in:

California for at least six months, AND
The county where filing for at least three months

California law establishes a mandatory six-month waiting period from the date of service before a divorce can be finalized. However, many divorces take longer depending on the complexity of issues involved and whether spouses can reach agreements without court intervention.

Legal Separation Alternative

Some couples choose legal separation instead of divorce. Legal separation addresses many of the same issues as divorce—property division, support, and child custody—but doesn’t terminate the marriage. This option might be appropriate for those who:

Have religious objections to divorce
Need to maintain health insurance coverage
Haven’t met California’s residency requirements
Want time to consider reconciliation

Under California Family Code Section 2320, the residency requirements for divorce don’t apply to legal separation cases, allowing immediate filing without the six-month state residency waiting period.

Summary Dissolution

For qualifying couples with shorter marriages and fewer assets, California offers a simplified divorce process called summary dissolution under Family Code Section 2400. To qualify, couples must:

Have been married less than five years
Have no children from the relationship
Own limited property and have limited debts
Waive rights to spousal support
Agree on property division

You can review the Summary Dissolution Information booklet (Form FL-810) provided by California courts for more details: California Courts Summary Dissolution Information

Child Custody and Visitation

How do California courts decide who gets the children?

Child custody decisions in California prioritize what courts call “the best interest of the child” as mandated by Family Code Section 3011. Courts consider several factors, including:

Children’s health, safety, and welfare
History of contact with both parents
History of substance abuse or domestic violence
Children’s ties to home, school, and community
Each parent’s ability to foster relationship with the other parent

California recognizes two aspects of custody:

Legal custody: Decision-making authority regarding health, education, and welfare
Physical custody: Where children primarily live and spend their time

Each type can be awarded solely to one parent or jointly to both parents. The most common arrangements include:

Joint legal and joint physical custody: Parents share decision-making and significant time with children
Joint legal and primary physical custody: Shared decision-making, but children live primarily with one parent
Sole legal and sole physical custody: One parent makes decisions and has primary physical care

Parenting Plans

California courts encourage parents to create detailed parenting plans outlining:

Regular weekly schedule
Holiday and vacation arrangements
Transportation responsibilities
Communication between parents and with children
Decision-making processes

When parents can’t agree, courts may order mediation through Family Court Services before making custody orders. In Antelope Valley courts, this service helps many families resolve disputes without lengthy litigation.

Modification of Orders

After a judgment has been entered in a Parentage, Divorce or Legal Separation, custody and visitation orders can be modified when circumstances change significantly. Courts require showing a “change in circumstances” that makes modification necessary for the children’s best interests. Common reasons include:

Relocation of a parent
Changes in children’s needs
Safety concerns
Parental cooperation issues
Children’s expressed preferences (as they mature)

Child Support

How is child support calculated in California?

California uses a statewide formula called “guideline child support” to calculate base support amounts. This formula, established in Family Code Section 4055, considers:

Each parent’s income
Time children spend with each parent
Tax filing status
Mandatory payroll deductions
Health insurance expenses
Other factors affecting families’ financial circumstances

Parents can estimate support amounts using the California Department of Child Support Services calculator: California Child Support Calculator

Recently, in Los Angeles County, the courts have discontinued the use of Dissomaster Software and have adopted the use of XSpouse. Therefore, if you are handling your matter in the local courts, you will find courts using Xspouse whereas if you are downtown at child support services court, you will find that court using the program used by Child Support Services Department.

Absent good cause or exception in law courts typically follow guideline amounts.

Duration of Child Support

In California, child support typically continues until a child:

Turns 18 (or 19 if still in high school and living with a parent)
Becomes emancipated
Marries
Joins the military

Support for children with disabilities may continue into adulthood when appropriate.

Modification and Enforcement

Either parent can request modification when circumstances change significantly. Job loss, income changes, or shifts in parenting time may justify adjustments.

California offers several enforcement mechanisms for unpaid support:

Wage garnishment
Suspension of driver’s and professional licenses
Interception of tax refunds
Property liens
Reporting to credit bureaus

The Los Angeles County Department of Child Support Services assists with establishing and enforcing orders for families throughout Lancaster and the surrounding areas.

Property Division in California Divorce

Who gets what when a marriage ends?

California follows “community property” principles, meaning assets and debts acquired during marriage are generally divided equally between spouses. This system, established in Family Code Section 760, creates a presumption that property acquired during marriage belongs equally to both spouses.

Community vs. Separate Property

Community property: Assets and debts acquired from date of marriage to date of separation
Separate property: Assets owned before marriage, after separation, or received by gift or inheritance

Community property is EVERYTHING acquired AFTER you got married and BEFORE you separated.

Separate Property is EVERYTHING you acquired BEFORE you got married and AFTER the date of separation.

The date of separation—when one spouse communicates intent to end the marriage and takes action—marks when community property stops accumulating.

Common community assets include:

Homes and real estate purchased during marriage
Retirement accounts (portions earned during marriage)
Businesses started or grown during marriage
Vehicles, furniture, and personal items
Income earned during marriage
Financial Accounts-bank accounts, credit cards, etc.

Complex Property Issues

Many divorces involve challenging property questions:

Business valuations: When one or both spouses own a business, determining fair value requires financial analysis.
Commingled assets: When separate property (like pre-marriage savings) mixes with community funds, tracing the separate interest requires detailed financial records.
Retirement division: Pension plans, 401(k)s, and other retirement accounts often require specialized court orders called Qualified Domestic Relations Orders (QDROs) to divide without tax penalties.
High-asset division: Significant wealth may involve investment portfolios, multiple properties, or complex tax considerations.

California law allows couples to reach their own agreements about property division, which courts typically approve if reasonably fair. When spouses can’t agree, courts will decide based on community property principles.

Spousal Support

Will I receive or pay alimony after divorce?

California courts may award spousal support (alimony) in divorces depending on several factors. Unlike child support, no fixed formula determines amounts, though temporary support during divorce proceedings typically use county guidelines.

For long-term support, Family Code Section 4320 requires courts to consider:

Marriage length
Each spouse’s earning capacity
Supporting spouse’s ability to pay
Supported spouse’s needs based on marital standard of living
Age and health of both parties
Contributions to the other’s education or career
Impact on pausing/delaying one’s career due to child care
Tax implications
Impact of domestic violence
Other factors that impact the fairness and justice of the determination

Duration of Support

Pursuant to California Family Law Code section 4336, for marriages under 10 years, support typically continues for half the marriage length. Longer marriages may result in longer or indefinite support, with the goal that both parties become self-supporting when possible.

Support ends automatically upon:

Death of either party
Remarriage of the supported spouse

Courts can modify support orders when circumstances change significantly, such as retirement, job loss, or illness.

Domestic Violence and Protective Orders

How can I protect myself and my children?

Domestic violence affects many households and intersects with family law matters. California provides several protection mechanisms under the Domestic Violence Prevention Act (Family Code Section 6200).

Types of Restraining Orders

Emergency Protective Orders (EPOs): Issued by police when immediate protection is needed; last up to 7 days
Temporary Restraining Orders (TROs): Issued by courts pending a hearing; last up to 21 days
Domestic Violence Restraining Orders (DVROs): Issued after court hearing; last up to 5 years and can be renewed
Criminal Protective Orders: Issued in criminal domestic violence cases
These orders can:

Prohibit contact and communication
Remove the restrained person from the shared home
Order temporary child custody and support
Require completion of batterer intervention programs
Prohibit firearm possession

Impact on Family Law Cases

Domestic violence findings significantly affect family law proceedings:

Courts consider domestic violence in custody decisions (Family Code Section 3044)
Abusive parents may receive supervised visitation or no visitation
Violence may affect property division and support orders

If you face immediate danger, contact local law enforcement or the National Domestic Violence Hotline at 1-800-799-7233.

Alternative Dispute Resolution

How can we resolve family law matters without a trial?

While some family law cases require court intervention, many Lancaster families benefit from alternative approaches:

Mediation

In mediation, a neutral third party helps couples identify issues and reach agreements. Benefits include:

Lower cost than litigation
Faster resolution
More control over outcomes
Reduced conflict
Confidentiality

California courts require mediation for child custody disputes, but many couples voluntarily mediate all divorce issues.

Collaborative Law

The collaborative process involves:

Both parties and attorneys signing agreements not to litigate
Joint problem-solving approach
Shared experts (financial advisors, child specialists)
Focus on respectful communication

This approach works well for couples committed to minimizing conflict despite difficult emotions.

Settlement Negotiations

Even in traditional cases, attorneys negotiate settlements before trial. In fact, most California divorces resolve through negotiated settlements rather than courtroom battles.

Alternative approaches often produce more sustainable agreements than court-imposed orders because parties have ownership in solutions they help create.

Studies show that when parties reach their own agreements the agreements last longer (meaning you won’t go back to court as often or if at all) and each party is more satisfied. This is likely because when you put in the work to make agreements and compromises, you know the end result, you ensure that your priorities and matters of importance are addressed resulting in more satisfaction with the process. On the other hand, if a judicial officer makes a series of orders that may or may not address issues that matter to you the most, or address them with an orders you do not like, it is much more likely that you will end up back in court sooner than later.

Key Takeaways

California follows no-fault divorce laws, requiring only “irreconcilable differences” to end a marriage
Child custody decisions prioritize children’s best interests, with courts favoring arrangements allowing meaningful relationships with both parents when safe
Child support follows statewide guidelines based on income and parenting time
California divides marital property equally under community property principles
Spousal support considerations include marriage length, earning capacity, and standard of living
Protection mechanisms exist for families affected by domestic violence
Alternative dispute resolution methods often provide better outcomes than litigation

Frequently Asked Questions

How long does divorce take in California?

California has a mandatory six-month waiting period from service of papers before a divorce can be finalized. However, resolving all issues often takes longer, especially in contested cases. Simple, uncontested divorces may conclude shortly after the six-month mark, while complex cases can take one to two years.

How much does divorce cost in California?

Costs vary dramatically based on case complexity and conflict level. Filing fees alone cost $435 in Los Angeles County. Uncontested divorces using limited attorney assistance might cost $2,500-$5,000, while highly contested divorces involving trials can cost tens of thousands of dollars.

Can I get divorced without going to court?

Yes, many California divorces complete without either spouse appearing in court. When spouses reach full agreement on all issues (through direct negotiation, mediation, or attorney assistance), paperwork can be submitted for court approval without appearances.

How is child custody determined?

California courts focus on children’s best interests when making custody determinations. Factors include each parent’s ability to provide stable environments, existing bonds with children, and willingness to support relationships with the other parent. Courts strongly encourage parents to develop mutually agreeable parenting plans.

Can grandparents get visitation rights in California?

Yes, under Family Code Section 3102, grandparents may petition for visitation rights only if one of the child’s parents is deceased. If both parents are alive, other sections, such as 3103 or 3104, may apply depending on the circumstances. Courts balance grandparent-grandchild bonds against parents’ fundamental right to make parenting decisions.

What if my spouse doesn’t want a divorce?

California’s no-fault system means one spouse can obtain divorce even if the other objects. While the objecting spouse can delay proceedings by refusing cooperation, they cannot prevent divorce entirely.

Can I modify child support or custody orders?

Yes, California family courts can modify orders when circumstances change significantly. Job changes, relocations, or children’s evolving needs may justify modifications through proper court filings.

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