Fast Divorce in California (6months + 1 day)
Going through a divorce is challenging, but having a comprehensive Marriage Settlement Agreement (MSA) in place before or when you file your petition can make the process smoother, less adversarial, and can even help you obtain your decree more quickly.
1. Clarifies All Issues Up Front
An MSA lays out, in writing, exactly how you and your spouse will divide:
- Community and separate property
- Debts and liabilities
- Spousal support (if any)
- Business interests or professional licenses
- Retirement accounts and investments
By resolving these key issues outside of court, you avoid repeated hearings and evidentiary battles.
2. Reduces Conflict and Court Time
When both parties agree to terms in a signed MSA, the court’s role is largely ministerial:
- File the MSA alongside your Petition for Dissolution.
- Serve your spouse (or have them join in the petition).
- Attend any required case-management or default hearings (often brief if nothing is contested).
Because there is no longer a dispute over property or support, you typically won’t need multiple motion hearings, discovery fights, or trial days—saving you time, money, and stress.
3. Enables Sooner Entry of Decree
In California, you cannot obtain a final divorce decree until at least six months and one day after your spouse is served (or after you file a Waiver of Service). This is set by statute:
Family Code § 2339(a):
“The court shall not enter a judgment of dissolution of marriage … until at least 6 months have elapsed since the date of service of the summons.”
However, having a fully executed MSA at the time of filing means there is nothing left to negotiate during that waiting period. As soon as the six‑month period lapses, your decree can be submitted and signed by the court without additional delay.
4. Locks in Certainty & Avoids Future Disputes
A well‑drafted MSA becomes part of your Judgment of Dissolution. Once incorporated:
- The terms are legally binding under Family Code § 2100.
- Modifications later require court approval (and a showing of changed circumstances).
- You and your ex‑spouse avoid costly “re‑litigation” if a dispute resurfaces years down the road.
5. Customizable to Your Needs
MSAs can include creative, tailored provisions, such as:
- Buy‑out clauses for a family business
- Trusts or “set‑asides” for children’s education
- Tax‑planning language to handle capital gains or community property basis adjustments
- Mediation triggers for future disagreements
Minimum Time Frame for a California Divorce
- Filing: Day 0
- Service (or waiver): Day 0
- Mandatory Waiting: 6 months + 1 day (minimum)
- Earliest Final Decree: Day 182 (or Day 183, depending on calendar)
Once that period passes—and assuming you’ve already filed and properly served your MSA—the court can enter your judgment immediately.
Disclaimer
Khan Paralegal and Notary is not an attorney and this blog does not constitute legal advice. For advice tailored to your unique situation, consult a licensed family law attorney.