How long do I have to wait to start divorce?

I was married for 5 years, have a child from this relationship and have been separated for 4 months now. We have agreed with the child custody and have no property or debts to argue about. What’s the time frame to finalize the divorce?

Asked on January 20, 2013 under Family Law, California


Cameron Norris, Esq. / Law Office of Gary W. Norris

Answered 7 years ago | Contributor

I concurr with the previous answer.  You ar eligible to  technically be single 6 months from the date you serve the other party.  You CANT just file though.  Filing doesn't make you divorced.  That just starts the process.  It sounds like you and your ex have an understanding.  If you are in agreement--that is considered an "uncontested" divorce.  Many attorneys, including our office are willing to handle "uncontested divorces" for a low flat rate. 

If you would like help or have any further questions, feel free to contact me.

Best of luck.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Based upon what you have written about you can immediately file your petition for a marital dissolution, child support, custody, spousal support and the division of your assets and liabilities. Based upon your uncertainty as to how to proceed, I recommend that you consult with a family law attorney for assistance in the filing you wish to do.

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