Jump to content
Sign in to follow this  
makidesuu

How long to finalize divorce in CA?

10 posts in this topic

Recommended Posts

Filed: AOS (pnd) Country: Japan
Timeline

Does anyone know how long will it take to finalize divorce in CA? The divorce will be joint petition for summary dissolution of marriage. After submit the application, you will go back to the court exactly 6 moths later. Then, how long will it take to get divorce decree from there? Thank you.

Share this post


Link to post
Share on other sites

Are there children involved? Do you have an agreement as to how things will be split? When I got divorced we have an agreement about everything but what should have taken six months from filing to final took a year due to a court glitch.

Edited by jasman0717

usa_fl_sm_nwm.gifphilippines_fl_md_clr.gif

United States & Republic of the Philippines

"Life is hard; it's harder if you're stupid." John Wayne

Share this post


Link to post
Share on other sites
Filed: Timeline
Does anyone know how long will it take to finalize divorce in CA? The divorce will be joint petition for summary dissolution of marriage. After submit the application, you will go back to the court exactly 6 moths later. Then, how long will it take to get divorce decree from there? Thank you.

You can get your divorce degree 6 months to the day it was filed at the clerks office. Example: If you filed for divorce on January 15th then you can get your divorce degree on the 15th of July. No earlier then that. As long as there is no dispute and both parties agree. If you have a case like mine where your soon to be ex wants to argue over money then you can do what I did and bifurcate the divorce. Meaning that they handle the dissolution of marriage seperate from the financial part. I filed for divorce in CA in March and she was still arguing about money in November. Since I wanted the divorce to start the K-1 process my attorney called hers and they agreed to bifurcate. My dissolution was completed two weeks later so I was legally a free man to marry again. Unfortunately we are still arguing over the finances. So, in a nutshell, you will be legally a single person 6 months from the date it was filed and as long as the attorney file on the 6 month date. You can get copies the same day it is ordered. Hope that helps and good luck. Ken

Share this post


Link to post
Share on other sites
Filed: AOS (pnd) Country: Japan
Timeline
Does anyone know how long will it take to finalize divorce in CA? The divorce will be joint petition for summary dissolution of marriage. After submit the application, you will go back to the court exactly 6 moths later. Then, how long will it take to get divorce decree from there? Thank you.

You can get your divorce degree 6 months to the day it was filed at the clerks office. Example: If you filed for divorce on January 15th then you can get your divorce degree on the 15th of July. No earlier then that. As long as there is no dispute and both parties agree. If you have a case like mine where your soon to be ex wants to argue over money then you can do what I did and bifurcate the divorce. Meaning that they handle the dissolution of marriage seperate from the financial part. I filed for divorce in CA in March and she was still arguing about money in November. Since I wanted the divorce to start the K-1 process my attorney called hers and they agreed to bifurcate. My dissolution was completed two weeks later so I was legally a free man to marry again. Unfortunately we are still arguing over the finances. So, in a nutshell, you will be legally a single person 6 months from the date it was filed and as long as the attorney file on the 6 month date. You can get copies the same day it is ordered. Hope that helps and good luck. Ken

Thank you very much for the detailed explanation! We don't have any complication. Both of us have agreed how things are going to be divided. Just wonder why some poeple say their divorce took 1 year even if there was no complication? My friend also said to me that her divorce took 11 months even if she and her exhusband did not have any disagreement. Was it because she didn't use a attorney? Using attorney makes a difference for the waiting period? I asked a family attorney, but he told me I should do it by myself since my case is so easy and he just told me he would fill out the paper.

Share this post


Link to post
Share on other sites

My California divorce took over a year. Partially because my wife was slow at filing all the necessary paperwork. But also because the California divorce laws are set up so that it is to the courts advantage to drag the process on as long as possible. They kept returning our papers, asking for a new signature (saying the one we submitted was a photocopy, it wasn't), then with the judge saying he wouldn't render final decision until we file with child services. We could have done that earlier if they'd just told us earlier they needed it. In the end we also filed to bifurcate, and we had our dissolution within a month. So what I'm saying is keep on top of the paperwork and the court, and yes an attorney will be able to make things move faster.


View pictures of my April/May trip to the Philippines

View pictures of my Sept trip to the Philippines

Gary (California, USA) filamflag.gif Fely (Zambales, Philippines)

09-11-06 Married

10-12-06 I-130 Mailed Priority

10-14-06 Delivered to CSC

10-16-06 CSC receipt date

10-18-06 NOA1 date

10-19,20,21-06 Touched

12-28,29-06 Touched and very happy about it

12-28-06 NOA2 date

01-15-07 Received at NVC & DS3032 & AOS bill sent

01-20-07 AOS fee bill received

01-30-07 eMailed DS3032 choice of agent

02-05-07 Received email approval for DS3032

02-20-07 Received I-864 package

02-23-07 Received IV fee bill

02-27-07 Paid IV fee

03-12-07 Info packet generated

03-20-07 Mailed I-864 package

03-31-07 Received info packet

04-04-07 RFE mailed by NVC

04-26-07 Mailed RFE response & DS-230 packet to NVC

04-30-07 NVC receives papers

05-10-07 Case complete

05-22-07 Case left NVC

05-24-07 Received pkt 4 in California

06-07-07 Medical Exam

06-28-07 Interview (approved)

06-24-07 - 07-16-07 Gary's trip to Philippines, and I brought Fely home

07-27-07 SSN card received

08-13-08 Green card received

07-10-09 I-751 mailed

08-15-09 Lifting of conditions approved

Share this post


Link to post
Share on other sites
Filed: IR-5 Country: Ukraine
Timeline

If you are looking to file a K-1 be absolutely certain that you are legally free to marry "At the time the petition was filed"! I can quote the Foreign Services Manual which is the "bible" of the Foreign Services Officer/Consular Officer if need be on this. It specifically states that if they find out you or your fiance(ee) were not (like not adhering to your laws in your state of residence) able to marry, they SHALL (meaning they have no choice) deny the Visa and return the petition back to the states. Guess what? you get to start all over and add the image of a denied K-1 to your new process.

I would imagine there have been a few that have slipped through this way, but from my perspective it was not worth it. It has been a long 5 months of waiting so far, I'll get to file next month.


IR-5

11/01/2011: I-130 Submitted

11/04/2012: I-130 NOA1

04/19/2012: I-130 NOA2

05/04/2012: NVC Received

05/27/2012: Received I-864/DS 3032 Package

05/28/2012: Pay I-864 Bill

05/29/2012: Submit DS 3032/I-864

06/05/2012: Receive IV Bill online

06/05/2012: IV Bill Paid

06/06/2012: Payment Accepted

06/07/2012: IV Packet Mailed (Additional documents sent next day on 06/08/2012)

08/28/2012: Interview

Share this post


Link to post
Share on other sites
Filed: AOS (pnd) Country: Japan
Timeline
If you are looking to file a K-1 be absolutely certain that you are legally free to marry "At the time the petition was filed"! I can quote the Foreign Services Manual which is the "bible" of the Foreign Services Officer/Consular Officer if need be on this. It specifically states that if they find out you or your fiance(ee) were not (like not adhering to your laws in your state of residence) able to marry, they SHALL (meaning they have no choice) deny the Visa and return the petition back to the states. Guess what? you get to start all over and add the image of a denied K-1 to your new process.

I would imagine there have been a few that have slipped through this way, but from my perspective it was not worth it. It has been a long 5 months of waiting so far, I'll get to file next month.

Did you file for joint petition for summary dissolution of marriage? I heard that you will need to go back to the court after 6 month to submit FL-820. Then you will need to wait for them to return the form with their signature. I don`t know if this FL-820 will be the divorce decree? ?

Share this post


Link to post
Share on other sites
Filed: Other Timeline
If you are looking to file a K-1 be absolutely certain that you are legally free to marry "At the time the petition was filed"! I can quote the Foreign Services Manual which is the "bible" of the Foreign Services Officer/Consular Officer if need be on this. It specifically states that if they find out you or your fiance(ee) were not (like not adhering to your laws in your state of residence) able to marry, they SHALL (meaning they have no choice) deny the Visa and return the petition back to the states. Guess what? you get to start all over and add the image of a denied K-1 to your new process.

I would imagine there have been a few that have slipped through this way, but from my perspective it was not worth it. It has been a long 5 months of waiting so far, I'll get to file next month.

Did you file for joint petition for summary dissolution of marriage? I heard that you will need to go back to the court after 6 month to submit FL-820. Then you will need to wait for them to return the form with their signature. I don`t know if this FL-820 will be the divorce decree? ?

A summary dissolution can only be filed if you are married less than 5 years and have no disagreements on the division of property. The 6 months is a waiting period for either party to contest any part of the agreement. If no such contest is made, the judge signs the divorce and you are mailed a copy. You don't have to file anything extra. Normally you will have your copy within 2 weeks of the 6 month mark, depending on how organized your county is.


How can one claim God cares to judge a fornicator over judging a lying, conniving bully? I guess you would if you are the lying, conniving bully.

the long lost pillar: belief in angels

she may be fat but she's not 50

found by the crass patrol

"poisoned by a jew" sounds like a Borat song

If you bring up the truth, you're a PSYCHOPATH, life lesson #442.

Share this post


Link to post
Share on other sites
Filed: AOS (pnd) Country: Japan
Timeline

Thank you very much for all the reply! I received many replies and also checked court's website. In my divorce case, I will have to go back to the court after 6 months. Then submit -820 document if out mind is not changed. After that they will send me the 820 with judge signature which will be my divorce decree. This process will take another 4 weeks or so.

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...