After your divorce is finally completed, you may be asking yourself, “How long should I keep my divorce papers in California?” Alternatively, maybe your divorce case has failed to make progress for some time. An experienced divorce attorney can inform you of what your options are, including if your ex-spouse has failed to respond to the petition or negotiate.
After filing the petition, the other spouse must be served the divorce papers, and a mandatory waiting period of six months will follow before the divorce can be finalized. Typically, during the six months, the relevant issues of the divorce will begin to be addressed; these include property division, spousal support, and if the couple shares children, custody and child support.
Beyond this point, the amount of time it may take to complete a divorce will vary depending on the spouses’ circumstances. Some couples agree on most issues and take little time to settle the divorce, finalizing the dissolution soon after it becomes eligible. Other divorce cases may take a significant amount of time for a variety of reasons, such as there being many assets to divide, spouses disagreeing on one or more issues, or one party being unwilling to negotiate or compromise.
There are no time limits for which a divorce must be settled or finalized. However, the court may intervene if there’s been a long period of inactivity or contesting spouses have been unable to reach an agreement on their own.
If you filed for marriage dissolution a long time ago and wish to continue the process, you can check the status of your case at the court clerk’s office. If your case hasn’t been dismissed, you can most likely pick up where you left off, and if the petition was dismissed, you will probably need to file a new one.
If your spouse hasn’t responded to your initial divorce petition or hasn’t continued with the proceedings, there are still ways to continue and finalize the divorce without them, depending on the circumstances of your situation. In the event two spouses can’t resolve their divorce matters outside of court, even with the help of their divorce lawyers, a mediator, or an arbitrator, they will likely need to finish the proceedings in court, with a judge determining how the issues will be handled.
It’s common to wonder how long you’ll need to hold onto your divorce paperwork, particularly when you want to get rid of any documents reminding you of your divorce. However, divorce papers contain important legal information that you should refrain from disposing of. In fact, the majority of states have guidelines regarding document retention for divorce paperwork, similar to how you are expected to keep your marriage license indefinitely.
It’s even vital to keep your marriage license and certificate with your records in addition to your divorce decree. These documents are proof that you and your ex-spouse were once married, which may have certain tax implications. A divorce order will have details concerning the spouses’ agreement on the division of assets, child custody, and other important issues. Divorce orders also include asset appraisals and financial records, which can later prove useful.
It’s a good idea to store your divorce paperwork somewhere safe, such as with other useful documents like tax forms, contracts, etc. If you need to make modifications to your child custody arrangement or alimony court order down the line, you can benefit from having the official order to refer back to. You may also need to provide the agreement document if you wish to change your name in the future, among other legal procedures.
A: In most courts, there isn’t an exact expiration date for divorce petitions since there’s a mandatory six-month waiting period before it’s eligible to be finalized. A person may wonder whether their petition has expired since they failed to further the proceedings for personal reasons or because of a change in the relationship. The court may dismiss the case after a certain amount of time of inactivity has passed, usually around a year, in order to keep the court docket clear.
A: The “cooling off” period for California divorces is the required waiting period, lasting a minimum of six months before a divorce can be officially finalized. This mandatory waiting period allows spouses time to reconsider, potentially rekindle the relationship by resolving any issues, and decrease the chances of regret. During this waiting period, the spouses can work on reaching an agreement on various divorce matters, such as spousal support and property division.
A: A divorce case can “stay open” as long as it takes to resolve all relevant matters. If a petition remains inactive for an extended period of time, the court may dismiss it, but as long as the spouses are conducting the necessary proceedings in court or mediating out of court, there’s no deadline for the divorce to be finished. Some divorces may take longer than others, especially ones that are highly contested or involve a large amount of property.
A: Yes, California guidelines recommend that divorced spouses retain paperwork related to their marriage dissolution. Divorce documents contain vital legal information and may later be used or required for future legal procedures. It’s advised to keep your divorce papers in addition to your marriage papers alongside other records, such as one’s tax documents or birth certificate since these forms are evidence of your marriage as well as the dissolution of the marriage.
At the Edgar & Dow, our competent legal team has extensive experience assisting individual clients, spouses, and families with their legal needs. If you have questions or concerns or want help with your situation, schedule a consultation with a qualified family lawyer today.
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