Two questions pop up pretty early in the attorney/client first interview regarding divorce: “How quickly can I get divorced in San Diego and How much will it cost?”
The Court must have jurisdiction over both spouses for a minimum of 6 months before the marital status can be terminated and before the parties are restored to ‘single’ status. The parties can resolve all their issues as quickly as they agree or as slowly as they do not agree. In other words, if the parties have a complete agreement, typed, signed and ready to submit to the Court then the uncontested divorce will move quickly.
Before the Court is authorized to grant a divorce the legislature has imposed certain disclosure duties and requirements which must be performed. Once the disclosures are completed and exchanged, the fully signed Agreement and Judgment are submitted to the Court.
The Court may take a number of weeks to review and enter the Judgment and when it does all the issues are resolved. The Court will designate a date six months after the Court acquired jurisdiction over both parties as the date when the marital status is terminated, the divorce occurs and the parties are restored to ‘single’ automatically on that date.
The question of ‘How quickly can I get divorced in San Diego?’ is often a matter of resolving challenges. When people complain that the divorce takes forever it is usually because the parties have not agreed upon resolution of child custody & visitation, property division or some other issue.
The process of obtaining an adjudication of the issues through mediation, litigation and/or negotiation drags out. The parties expend months obtaining information, one from the other, through discovery. Many times the parties also spend time and energy on appraisals, expert reports and gathering evidence. Those in the system understand it takes time to obtain the evidence and our Certified Family Law Specialists know that without the evidence to present to the Court or mediator it is difficult to obtain the result desired.
If your case is not moving along and nobody is actually attempting to gather proofs then you should have a meeting with your attorney to determine the nature and reason for any delay.
The cost of the process varies wildly but is directly related to the unreasonable position(s) asserted by one or both spouses.
Full disclosure of all the assets, obligations, income and expenses is the first step toward an expeditious resolution. Reasonable compromise and dealing with intelligent, skilled divorce attorneys usually help eliminate unwanted and unnecessary side skirmishes.
Yet, it only takes one of the parties to be unreasonable and then the fees and costs as well as the time it takes to resolve the case can and all too frequently do escalate.
How quickly can I get divorced in San Diego? How much will it cost? Get the answers to your questions and a sound strategy from proven and experienced Carlsbad family lawyers.
If you need help planning and successfully managing your divorce protect your own interests and contact us or call 760-389-3927 to schedule an appointment for a remote or socially distanced consultation with one of our experienced Certified Family Law Specialists.