How long does it take to obtain a North County or Carlsbad divorce? Lets begin that answer with some minimum time frames. Before you may file for a divorce you must be a resident of San Diego County for three months and a California resident for six months. Once the case is filed, California requires a six month “cooling off” period to make sure the parties have the opportunity to seek counsel and give serious consideration to the divorce. The shortest possible time frame therefore is six months from the date the divorce is filed.
In order for the divorce to be completed in that six month period, the parties must be in complete agreement on everything contained within the separation agreement including (but not limited to):
- Division of Assets and Debts
- Child Custody, Parenting Plan and Child Support Issues
- Spousal Support
- Disposition of the Family Home or the Equity Therein
- Division of Business Ownership Interests
- Division of Pension and Retirement Accounts
What happens if the parties are not in agreement on every detail related to these issues? The parties basically have three options:
- Negotiation
- Mediation
- Litigation
The question of “How long does it take to obtain a North County or Carlsbad divorce?” is greatly influenced by the ability of the parties to resolve areas of disagreement. The fastest and least expensive path to resolving areas of disagreement is to work with the experienced attorneys at Burke & Domercq who can provide insight into the dispute based upon decades of actual case law and what has worked for couples with similar circumstances in the past.
If the parties are not able to resolve their differences in negotiation, mediation is the next fastest and cost-effective option. Daniel Burke is an experienced family law mediator. In mediation, the mediator serves as a neutral third party who works with the couple to clarify the genuine issues at stake and find common ground. Mediation often resolves the issues at hand in a matter of weeks.
The mediator may help the parties to develop communication and negotiation tools that actually enhance their working relationship. This can have a profound impact on the quality of their lives during the course of the divorce, and if they are raising children together for the months and years to come. Mediation can add a few weeks to several months to the divorce process.
If the parties cannot resolve any area of dispute on issues contained within the separation agreement the matter must be resolved by a Judge or Magistrate. This process usually significantly extends the time frame of the divorce.
Recently, a San Diego Superior Court Judge noted that he asked the parties who appear before him how long their divorce took from start to finish. “I chat with (divorcing) folks when they come in and always ask them how long have you been trying (to divorce) and a year is on the shorter time,” said Judge Michael Groch.
How long does it take to obtain a North County or Carlsbad divorce? The minimum amount of time is six months but many can take up to a year and sometimes longer.
Burke & Domercq offers cost-effective divorce alternatives, mediation and full representation for divorcing parties located in Carlsbad, Oceanside, Encinitas, Vista, San Marcos, Escondido and Rancho Santa Fe or anywhere in North County San Diego. We invite you to contact us or call 760-389-3927 to schedule an appointment with one of our attorneys.