Your divorce will not look exactly like anyone else’s in Sacramento. Each case is unique, with timelines that vary based on factors such as amicability and case complexity. There are certain time limits, waiting periods and standardized legal processes, however, that can help you accurately estimate how long your divorce in Sacramento might take from filing to finalization.
Day 1: Filing and Service of the Petition
To start a divorce case in Sacramento, one of the parties must file the Petition for Dissolution of Marriage with a family law courthouse in Sacramento County. This process will take as long as the petitioner needs to provide all of the requested information, name his or her desired terms for the divorce, and submit the paperwork (and filing fee) to the courts.
Months 1 to 2: Response
Once the petition is filed and the fee is paid, the document must legally be served on the other spouse (thereafter known as the respondent). The respondent must issue a response to the petition within 30 days of receiving the document. Failing to respond within this time limit risks the other party receiving a default divorce, where a judge will confirm all the terms laid out in the original petition without giving the other spouse the chance to negotiate.
Months 3 to 6 or Longer: Exchange of Information
After the response is issued, the information disclosure portion of a divorce begins. Before a judge will finalize a divorce, both spouses must provide comprehensive financial disclosures. They must provide each other with full information about their assets and debts. This process can take several months if the couple has complex assets or high-value marital property, or if one of the parties is attempting to hide assets and the case requires intervention from a forensic accountant.
Month 6: Fastest Possible Divorce in Sacramento
California has a divorce finalization waiting period of six months. This rule means that even if a couple is amicable and agrees with each other to achieve an uncontested divorce case, they must wait six months from the time the petition is filed for a judge to finalize the dissolution of marriage. This waiting period is in place to give a couple the chance to reconcile before their divorce is official, if desired.
Months 7 to 12 and Beyond: Settlement Negotiations or a Divorce Trial
If you and your spouse do not agree on all the terms of your divorce – including property division, alimony, and child custody and support if you have minor children – You will have a contested divorce case that may take longer than six months to resolve.
You and your spouse have multiple options available to work toward a resolution:
- Divorce settlement conference: A voluntary meeting, with or without divorce lawyers involved, to discuss the terms of your divorce and attempt to come to an agreement.
- Mediation: an informal meeting before a mediator to attempt conflict resolution and compromise before having to take the matter to court.
- Arbitration: a more formal meeting that could result in a binding legal judgment if both parties agree to this ahead of time.
- Divorce trial: a full court case before a judge in Sacramento County who will decide on the terms of the divorce for the couple based on his or her application of California’s divorce laws.
If pretrial discussions between you and your spouse fail, your divorce case may require court intervention. Depending on the complexity of the case and the Sacramento County court schedule, a divorce trial could take one year, two years or longer. The best way to ensure the most efficient divorce process possible is by hiring a divorce attorney in Sacramento to represent you from the very beginning.
