This is one of the most common questions received from our clients. This question is often posed and translated in a variety of ways. In the State of California, one’s marital status cannot be terminated until at least 6 months from the date of service of the Petition for Dissolution of Marriage. However, there are other requirements that must be met in order to qualify for termination of one’s marital status (and thus restoration to the status of a single person). At the time one is eligible for termination of their marital status, the most common requirements that must be met are, 1) neither spouse can be on the other spouses’ health insurance, and 2) any retirement plans governed by ERISA must be formally joined to the marital dissolution action. However, there are many other reasons for which termination of marital status cannot be accomplished after the 6 month time period has elapsed and we must assess those delays on a case-by-case basis.
The other way this question is translated is, “how much time will it take until my divorce is over?” This question is much more complicated than the one provided above. There are many factors that can affect the amount of time it will take to complete all of the issues in a dissolution proceeding, including, but not limited to the amount of community property, whether or not there are minor children of the marriage, and the amount of cooperation or acrimony between the spouses. We are unable to provide a solid answer to this question but we are able to assess each case on an individual basis and assist in getting the divorce wrapped up in the most expeditious, yet equitable manner possible.
How much does a divorce cost?
There is no right answer to this question. Depending on the issues of your particular divorce and the level (or lack) of cooperation between the spouses, the cost of a divorce can vary greatly. We are unable to provide our clients with an estimate of how much their divorce will cost but we can certainly speak to the situations/behaviors that tend to elevate the cost of a divorce and the situations/behaviors that can help keep the costs down.
Rebekah A. Fyre is a San Jose California Lawyer.