Full question:
If my soon to be ex-wife is supposedly pregnant will this keep me from filing for divorce? Also, is there anything that can be done to keep her from prolonging the divorce? She said that she will do everything she can to prolong and stretch out the divorce as along as possible. Is there a way to expedite a divorce so I do not have to wait 6 months for it to be final?
- Category: Divorce
- Date:
- State: California
Answer:
In California, you can file for divorce even if your spouse is pregnant. However, the divorce process may take longer due to the pregnancy, especially if child custody or support issues arise. To file for divorce, one spouse must reside in California for six months and in the county for three months. You need to file a petition with the superior court and serve your spouse with the summons and petition.
Once served, the marital status cannot be finalized until six months have passed from the service date. The typical divorce process involves several steps:
- Filing the Petition and serving it on your spouse.
- Your spouse has thirty days to respond.
- Temporary court orders may be requested for custody and support.
- Discovery takes place, where both parties exchange relevant information.
- Settlement discussions occur, leading to a Marital Settlement Agreement if resolved.
- If unresolved, a trial may be necessary.
- A Judgment of Dissolution of Marriage is prepared and filed.
To expedite the process, you may consider filing for temporary orders or seeking mediation to resolve issues quickly. However, the six-month waiting period is mandatory under California law.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.