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In a "true default case", filing for divorce, is it possible to receive judgment in less than 6 months from service in CA?

Costa Mesa, CA |

My spouse would not agree to a summary dissolution, even though we qualify, so I had to petition for divorce. It has been 30 days since I served him and he has not responded. We have no kids, no major assets or debts, etc. and I do want any spousal support, so there is also no written agreement. If I file for judgment now, will it still take 6 months to receive judgment or can it be sooner? Thank you

Attorney Answers 4


If you do it correctly you can have a Judgment a lot faster than 6 months. The Judgment will not be effective until 6 months and 1 day after the Respondent was served with the Summons and Petition.

Michael Schwerin, San Jose, California phone: 408-295-4232 email: Consultation fees, rates and retainers vary based on need and ability to pay.

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The six month period is statutory in California, and therefore, mandatory. You can prepare and submit the paperwork, but the judgment terminating your marital status won't be dated and issued until that time droid has run.

The comments made here are meant to direct you to receive local consultation from an attorney in your area and ask proper, detailed questions to get the best legal advice upon which you can take appropriate action.

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In California, all divorces will take at least 6 months. This is because of a mandatory waiting period under California law. The 6 months are measured from the date that the divorce papers are officially filed and served on the other spouse.

Assuming everything has gone smoothly and you got all the correct paperwork turned in, your waiting period probably began about 30 days ago. You may actually be able to get a judgment approved sooner than the 6 month mark. However, even with an approved judgment, the divorce won't actually be final until the 6 months have passed.

Hope that helps. Good luck!

Katherine C. Wu, Esq. is licensed to practice law in the State of California. Please note that this answer does not constitute legal advice, and should not be relied on, as each situation is fact specific, and it is not possible to evaluate a legal problem without a comprehensive consultation and review of all the facts and court pleadings filed in the case. This answer does not create an attorney-client relationship with Katherine C. Wu, Esq. To schedule a consultation, please call (925) 357-0431. Thank you.

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The minimum statutory time for the divorce to be final is 6 months and one day from the date Husband is served. File your Proof of Service of Summons, then file your "Request for Default." After your Default is filed with the Court then draft your "Default Judgment" for filing with the court. Make sure you serve the husband with a conformed filed copy of the final filed Default Judgment.

Reader acknowledges that no attorney-client relationship is formed by reading any article or post authored by Ms. McNamara on this site. An attorney-client relationship is only formed when both attorney and client acknowledge same, in writing. Posts and articles are for information and marketing purposes only.

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