Joint Petition Filing For Divorce in California

In California, while there is a mandatory six-month waiting period before a divorce can be finalized, a spouse's lack of cooperation can significantly drag out the process. There is no specific limit on how long a spouse can delay a divorce, but the court has mechanisms to manage uncooperative behavior and ensure case progress. It just takes a long time and a lot more money. I get calls from people who are so frustrated with the court system because their divorce is going on for years and years to no end. Whenever I get a call from anyone where there is a case pending, I look up the case docket to see the case status and what documents have been filed. By doing so, it gives me a pretty clear picture of what has transpired between the parties. I should clarify that if an attorney represents you, the inquiry stops there as it is unethical for me to discuss your case with you while being represented by a lawyer. However, putting that aside, the court docket does reflect what is on file with the court to date in chronological order. Your case can drag on for many reasons, uncontested divorces (where parties agree on all issues) can be processed and finalized much faster, while contested divorces, involving disagreements on key issues like property division, child custody, or support, can take much longer, even years. Pre-Trial Motions : Let's say your spouse in refusing to cooperate. The only way to move your case forward is to file motions to compel responses, which can take months to resolve. This is where many people get frustrated due to countless pre-trial motions and numerous continuances. The attorneys love this because they bill the client by the hour. Hearings are continued for numerous reasons depleting your wallet and adding to your frustration and disappointment in the legal system. The court can issue Orders to ensure compliance with discovery requests, set deadlines for specific actions, make Temporary Orders for child custody and support orders during the time your case is in process. The problem is your assets are being eaten away with costly legal fees. The average person cannot afford this long, drug-out process. This all occurs before you even get a trial date. You can't go to trial until all of the discovery has been completed and your attorneys are "ready for trial". Keep in mind that complex financial situations, high-value assets, or intricate custody arrangements significantly contribute to extending the process as well.  I can't tell you how many calls I get where the people either run out of money; don't have any fight left in them; have decided it would be better to come to an agreement; and just want to get their divorce finalized! I am a strong advocate for mediation for this very reason. In the end, my opinion is that it is better for YOU to take charge and resolve your family issues than a third party. Before running to file with a lawyer, do your homework, get an attorney consultation, and try to come to a resolve outside of court and above all . . . never file in anger.

While online divorce services in California are thought to be a convenient and cost-effective option for uncontested divorces, they have several significant drawbacks, particularly in more complex cases. Of course, I must clarify that I am coming from a one-sided point of view. So many people have contacted me after