Timeline of a Typical Divorce Process in San Diego

When a marriage ends, one of the most common questions people ask is, “How long will my divorce take?” In San Diego, the timeline for a divorce is influenced by both California state law and the specific procedures of the local court system. While California has a mandatory waiting period of at least six months, the actual duration can vary widely depending on factors such as the complexity of the case, whether the divorce is contested, and the parties’ willingness to cooperate.

This guide outlines each stage of a typical divorce process in San Diego, from the initial filing to the final judgment, so you know what to expect and can plan your next steps accordingly.

Step-by-Step Overview

While every divorce is unique, most cases in San Diego follow a series of standard steps set by California family law. Understanding this sequence not only helps manage expectations but also allows individuals to prepare for each stage in advance, potentially reducing delays and avoiding costly mistakes. Below is a detailed breakdown of the typical process from start to finish.

Step 1: Meeting the Residency Requirements

Before starting the process, you must ensure you meet California’s residency rules: at least six months in the state and three months in San Diego County. If you don’t yet meet these requirements, you may consider filing for legal separation, which has no residency requirement, and later converting it to a divorce.

Step 2: Filing the Petition for Dissolution

The divorce process begins when one spouse (the petitioner) files a Petition for Dissolution of Marriage with the San Diego Superior Court. This document outlines basic information about the marriage, requests for property division, support, and custody if applicable. The court filing fee is generally required unless you qualify for a fee waiver.

After filing, the petitioner must serve the other spouse (the respondent) with a copy of the petition and a Summons, officially notifying them of the divorce. Service must be completed by someone who is not a party to the case and can be done in person or, in some cases, by mail with acknowledgement.

Step 3: Response from the Other Spouse

Once served, the respondent has 30 days to file a Response with the court. This step is critical—it determines whether the divorce will proceed as contested (if disagreements exist) or uncontested (if both parties agree on all terms). Uncontested divorces tend to move more quickly, while contested cases may require additional hearings and negotiations.

Step 4: Financial Disclosures

California law requires both spouses to exchange detailed Preliminary Declarations of Disclosure, which include:

• Income and expense declarations
• A complete list of assets and debts
• Supporting financial documents, such as bank statements, tax returns, and property records

This exchange ensures the court has accurate information to make fair decisions about property division, support, and debt allocation. Failure to provide complete disclosures can lead to legal penalties and delays in the case.

"A common mistake that parties make when completing Preliminary Declarations of Disclosure is not taking the time to accurately complete the Income and Expense Declaration. Oftentimes, a party will overestimate their estimated monthly expenses and improperly calculate their monthly income. For example, a party may state that they earn $5,000 per month in wages, when that is their 'net' income rather than their 'gross' income. This can can cause the other side to question the accuracy of an Income and Expense Declaration especially when a party's total estimated monthly expenses are listed at over $8,000 per month while a party is only earning $5,000 per month. If child support or spousal support is at issue, this could cause significant delay in a case since the opposing party will likely want to propound discovery and request bank statements and other documents showing monthly expenses as well as paystubs dating back several months or years to determine a more accurate picture of what a party's actual income is. When completing the Income and Expense Declaration, it is important to provide the most accurate information possible. This can include having a party review their monthly bills and bank statements to come up with a more accurate picture of their estimated monthly expenses for each line item. Additionally, parties should carefully review their paystubs and make sure they are listing their monthly 'gross' income rather than their net income. It is also helpful to include a calculation of how a party calculated their average monthly gross income so there is no guess work from the other side or the court as to how a party arrived at that specific value. The more a party can clearly and accurately explain their information listed on the Income and Expense Declaration, the more credible the document will be. A strong and credible Income and Expense Declaration will help to eliminate the need for a party to propound discovery, which can delay settlement."

— Allison Kuska, Family Law Attorney

Step 5: Temporary Orders (If Needed)

In many cases, one or both spouses may request temporary court orders to address immediate needs while the divorce is pending. These can include:

• Child custody and visitation schedules
• Child or spousal support
• Exclusive use of the family home
• Restraining orders in cases involving domestic violence

Temporary orders remain in effect until the court issues a final judgment or modifies them.

Step 6: Negotiations and Settlement

If there are disputes, both sides may attempt to reach an agreement through settlement negotiations or mediation. Mediation involves working with a neutral third party to find common ground, which can save time, reduce costs, and keep matters private. Many San Diego divorces are resolved through negotiated settlements rather than going to trial.

Step 7: Trial (If No Agreement Is Reached)

If settlement efforts fail, the case will proceed to trial. In trial, a judge will hear evidence and testimony before making binding decisions on contested issues such as property division, custody, and support. Trials can extend the divorce timeline significantly and may require multiple court dates.

Step 8: Final Judgment

Once all issues are resolved—either by agreement or court decision—the judge will sign a Judgment of Dissolution of Marriage. Even if the case is completed sooner, California’s mandatory six-month waiting period means your divorce cannot be finalized before this time has passed from the date the respondent was served.

Step 9: Post-Judgment Matters

Even after the divorce is finalized, there may be post-judgment issues, such as modifying custody orders, enforcing support payments, or dividing certain assets. In San Diego, these matters are handled through the family court’s post-judgment procedures.

Factors That Can Lengthen the Timeline

Although California’s mandatory waiting period means that even the simplest divorce will take at least six months and one day from the date of service, many San Diego divorces last significantly longer. Several factors can add weeks or even months to the process, often depending on the complexity of the issues involved and the level of cooperation between spouses.

• Disputes Over Property Valuation or Classification
  Determining the value and ownership status of assets can be a major sticking point. In some cases, spouses disagree about whether certain property is community or separate, or about its fair market value. For example, a business may require a formal valuation, or a home appraisal might be contested. These disputes often require expert testimony and additional hearings, both of which can delay final resolution.
• High-Conflict Custody Battles
  Child custody and visitation disputes are among the most emotionally charged aspects of a divorce. When parents cannot agree, the court may order custody evaluations, psychological assessments, or the appointment of a minor’s counsel to represent the child’s best interests. These steps can add months to the process, as evaluations take time to complete and court calendars for custody hearings can be limited.
• Unresponsive or Deliberately Delaying Spouses
  If one spouse fails to respond promptly to court filings, misses deadlines, or refuses to engage in settlement discussions, the process can stall. In some cases, a spouse may intentionally delay proceedings in the hope of gaining leverage in negotiations or out of emotional resistance to the divorce. The court may need to intervene with orders compelling action, which adds to the timeline.
  

"Delays in divorce proceedings caused by one spouse’s lack of cooperation are unfortunately quite common, particularly in high-conflict cases or when one party is emotionally resistant to the end of the marriage. It is not unusual for a spouse to cause delays are due to genuine confusion or emotional overwhelm. But in other cases, they may be intentional tactics designed to gain leverage, increase financial pressure, or simply obstruct progress in the spirit of resentment or emotional consequences from the divorce itself. Courts have procedures in place to address these delays. If a party fails to participate in the process, the court may: (1) Issue orders to compel disclosure or court order a party's attendance or participation; (2) Impose sanctions or attorney’s fees under Family Code §271 for frustrating settlement, or (3) Allow the other party to proceed via default judgment, especially if no response or presence in proceedings is filed after proper service.Some useful strategies an experienced attorney can implement to avoid unnecessary delays and keep the case on track are: (1) File a Request for Order (RFO) to compel compliance with discovery or procedural obligations; (2) Set court-imposed deadlines to create structure and accountability and ensure that there is a future court date calendared; (3) request mandatory settlement conferences to push for resolution; (4) send Meet and Confer efforts to opposing counsel regarding settlement discussions; (5) document every instance of non-cooperation, which can be used later to request sanctions or support a favorable ruling; and finally, (6) set the issues for an evidentiary trial to ensure final resolution if an agreement cannot be reached. While delays can be frustrating, proactive legal strategy and timely court intervention can help ensure that one party’s inaction doesn’t stall the entire case towards final judgment."

— Ashley Bell, Family Law Attorney

• Backlogs in the San Diego Court System
  Even when both parties cooperate, external factors such as court congestion can slow the process. San Diego Superior Court—like many courts in California—often experiences high caseloads, which can result in delays in scheduling hearings or trials. Limited judicial availability means that contested matters may be set months in the future, extending the overall duration of the divorce.
• Complex Financial or Legal Issues
  Cases involving extensive assets, multiple properties, international holdings, or complicated financial structures (such as trusts or closely held businesses) require additional time for investigation, expert analysis, and negotiation. These complexities can extend every stage of the process, from disclosures to final judgment.

In short, while six months is the legal minimum, divorces involving conflict, complexity, or court delays can easily stretch to a year or longer. Knowing the potential roadblocks in advance can help spouses prepare strategically and work with their attorneys to minimize unnecessary delays.

How Cage & Miles Can Help

A knowledgeable divorce attorney can streamline the process by ensuring documents are filed correctly, deadlines are met, and settlement opportunities are explored early. At Cage & Miles, we have extensive experience with San Diego divorces and understand how to move cases forward efficiently while protecting our clients’ best interests. We also offer services for Spanish-speaking clients to make the process as clear and accessible as possible.

How You Can Help Your Case Move Faster

One of the most effective ways clients can help keep their divorce on track is by providing complete and accurate documentation to their attorney as quickly as possible. The sooner your attorney has full financial records, income details, and other requested documents, the sooner they can prepare disclosures, evaluate settlement options, and respond to opposing counsel.

When information is delayed or provided only in part, it can slow the entire process—sometimes triggering requests for extensions, additional discovery, or even motions from the other side. By staying organized and responsive, clients can significantly reduce unnecessary delays and legal costs, making the overall process more efficient and less stressful.

Key Takeaways

• The minimum time for a divorce in San Diego is six months due to California’s mandatory waiting period.
• Uncontested divorces usually take less time than contested cases.
• Detailed financial disclosures are required from both spouses.
• Settlement and mediation can help avoid the delays of a trial.

FAQs

What happens if my spouse refuses to respond to the divorce papers?

If your spouse does not file a formal Response within 30 days of being served, you can request a default judgment from the court. This means the case can proceed without their active participation, and the judge may grant you the terms you requested in your petition—provided they are reasonable and comply with California law. This process can move forward even if your spouse avoids communication, but proper legal service and documentation are essential.

Do I have to go to court for a divorce in San Diego?

Not always. Many divorces—especially uncontested ones—are resolved entirely through paperwork and settlement agreements without requiring an in-person court appearance. Your attorney can submit the necessary documents to the court for approval, saving you the time, stress, and expense of multiple hearings. However, if disputes arise over custody, support, or property division, a court appearance may be necessary.

What if we agree on everything?

If you and your spouse agree on all aspects of the divorce—property division, custody, support, and any other issues—you can pursue an uncontested divorce. This approach avoids lengthy litigation, minimizes costs, and typically shortens the timeline to just over the six-month minimum. The process involves submitting a written agreement to the court, which the judge reviews and approves.

Can I start with legal separation and switch to divorce later?

Yes. This is a common strategy for couples who do not yet meet California’s residency requirements or who wish to remain legally married for personal, financial, or insurance reasons while living apart. You can later convert the legal separation into a divorce without starting the entire process over, making it a flexible option for those who are not ready or eligible to file for divorce immediately.

Conclusion

While every divorce is unique, knowing the typical timeline in San Diego can help you plan ahead and reduce uncertainty. The key to avoiding unnecessary delays is preparation—meeting residency requirements, gathering financial documents early, and seeking skilled legal guidance from the start.

If you’re considering divorce in San Diego, our team at Cage & Miles is ready to guide you every step of the way. Contact us today to schedule your consultation and start moving forward with clarity and confidence.