QUESTION

If tomorrow my wife and I decide to get divorced, how long will it take to take effect?

Asked on Apr 18th, 2013 on Divorce - California
More details to this question:
We have two kids one 13 another 5 and the house is under my name.
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9 ANSWERS

Under state law , you cannot be divorced in less than six months from the date one of you is served
Answered on Apr 19th, 2013 at 1:14 PM

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Mediation Attorney serving Bloomfield, NJ at Cassandra T. Savoy, PC
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There is no way to predict how long it will take for the entry of final judgment of divorce. You have children and assets. The most significant factor is whether the two of you agree quickly as to custody, parenting time, child support, and division of marital assets AND marital liabilities.
Answered on Apr 19th, 2013 at 1:13 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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There is a 180 day waiting period in Michigan if there are minor children, and a portion of it, down to 60 days is waivable at the discretion of the court.
Answered on Apr 19th, 2013 at 12:05 AM

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Family Law Attorney serving Temecula, CA at Landon Rainwater Robinson LLP
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In California the earliest day on which a marriage may be terminated is at least six (6) months and one day FROM the date that: the spouse or partner who started the divorce had the other spouse or partner served with the petition for divorce and the court summons, OR when the other spouse or partner responded to the petition (if he or she responded at all). The divorce is final AFTER: A judge signs the divorce Judgment (Form FL-180). A court clerk mails the divorce judgment to each spouse or partner, with the date that the judgment was filed stamped in the upper right corner. NOTE: The divorce does not become final automatically at the end of six (6) months: One of the spouses or partners has to prepare the judgment form, with appropriate attachments, and have it signed by a judge. Then a copy of the judgment has to be given to the other spouse or partner. Save a copy of the signed Judgment form so that you can show how and when your marital or domestic partnership status ended (you got a divorce).
Answered on Apr 19th, 2013 at 12:02 AM

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After the Respondent is served/files the response, the minimum time is six months. If you mediate, you can settle your whole case in less than six months, get the paperwork done and filed with the court with the effective divorce date some time later. Obviously, that's an ideal situation where both people cooperate and there are no court hearings.
Answered on Apr 18th, 2013 at 10:04 PM

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Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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Depends on how much you and she wants to fight. If you agree, probably 45-60 days. If you don't agree, could be a year or more.
Answered on Apr 18th, 2013 at 2:24 PM

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The *minimum* time in California, from the time the court documents are served on the other party until a Judgment is possible, is six months. However, until you have reached the Trial stage, or have not come to a Settlement Agreement (Judgment), the Judgment will not be finalized.
Answered on Apr 18th, 2013 at 2:24 PM

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Alternative Dispute Resolution Attorney serving Ventura, CA at Zahn Law Office
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You cannot be actually divorced (returned to the status of single) any sooner than 6 months and 1 day from the date the Respondent is served with the Petition for Dissolution of Marriage, but the actual case can be done sooner than that if an agreement is reached.
Answered on Apr 18th, 2013 at 2:24 PM

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Family Attorney serving Sacramento, CA at Peyton & Associates
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No divorce can be final in California until 180 days after the other side is served with the divorce papers.
Answered on Apr 18th, 2013 at 2:24 PM

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