How Long Does It Take to Get Divorced in San Diego? Timeline & Tips

If you are contemplating divorce, or if you have already begun the process, you might be wondering how long it’s going to take. There are a number of factors that could influence the timeline for completing a divorce.

While an uncontested divorce can take around 6 to 12 months, contested divorces often last well over a year, especially when custody, property, or support issues are involved.

Amelia Mattis is a San Diego divorce attorney at Mattis Law, A.P.C. where she has dealt with many factors that could slow down or speed up the divorce process, and can help you navigate your options.

California’s Mandatory Divorce Waiting Period

Before diving into the stages of the divorce process, it’s important to understand one crucial rule: California has a mandatory divorce waiting period of six months. Even if all paperwork is filed immediately and the parties agree on every issue, the court cannot issue a final divorce decree before this waiting period expires.

A Divorce Timeline in San Diego

Filing the Petition

The divorce process begins when one spouse, known as the petitioner, files a Petition for Dissolution of Marriage with the San Diego Superior Court. The other spouse, known as the respondent, must be properly served with divorce papers.

• Timeline: Filing and service can take a few days to a few weeks.
• Legal Tip: Make sure service of process is done correctly. Delays here can push back every other stage of the divorce.

Temporary Orders

Once served, either party can request temporary orders for child custody, visitation, support, or use of marital property. These orders remain in effect while the divorce is pending.

• Timeline: 1–2 months depending on court scheduling and urgency.
• San Diego Insight: Local court calendars in San Diego can be busy, especially post-pandemic. Requesting hearings early is key to avoiding added delays.

Discovery Process

The discovery phase is when spouses exchange financial documents and other information. This stage ensures transparency and helps the court and both parties understand what’s at stake regarding assets, debts, and income.

• Timeline: Typically 2 to 6 months or longer depending on complexity.
• Legal Tip: Complete and submit your Preliminary Declaration of Disclosure (PDD) early to move things along. Incomplete or late disclosures can trigger court sanctions and prolong the process.

Mediation

If the couple wishes to avoid litigation, they may use divorce mediation to resolve issues like property division, custody, and support. This can speed up the process considerably.

• Timeline: 1–3 sessions over 1–2 months.
• Benefit: Mediation is generally faster and much less expensive than going to trial. In San Diego, many family courts encourage or even mandate mediation for custody disputes before a judge will hear the case.

Settlement or Trial

If both parties reach an agreement through mediation or negotiation, they can submit a Marital Settlement Agreement to the court.

If not, unresolved issues proceed to trial.

• Timeline:
  • Uncontested divorce: May finalize shortly after the 6-month waiting period.
  • Contested divorce: May take 12–18 months or longer, especially if a trial is required.
• Local Court Note: San Diego court dockets tend to be congested. Trial dates can be set out several months in advance, especially for cases involving child custody evaluations or expert witnesses.

Final Judgment and Decree of Dissolution

Once all issues are resolved and the six-month waiting period has passed, the court can issue a Final Judgment of Dissolution of Marriage.

• Legal Tip: The court won’t finalize your divorce unless all forms and disclosures are properly filed. Clerical errors are one of the most common causes of delays.

What Causes Divorce Delays in San Diego?

Even when both spouses are cooperative, several factors can extend the timeline:

• Failure to properly serve divorce papers
• Incomplete or late financial disclosures
• Unrealistic settlement expectations
• High-conflict custody disputes
• Business or high-asset valuations
• Court scheduling backlogs

Tips for Speeding Up the Divorce Process

While you can’t shorten the six-month waiting period, there are still effective ways to speed up the divorce process:

Get Organized Early

Gather financial documents, tax returns, and information about debts and assets. The more complete your disclosures, the fewer opportunities there are for disputes or court pushback.

Choose Mediation

Divorce mediation can help you avoid costly and time-consuming litigation. It also gives both spouses more control over the outcome.

Communicate Clearly and Respectfully

Conflict almost always causes delay. Even in high-stress situations, keeping communication civil (especially about custody and parenting plans) will keep things moving forward.

Work With an Attorney Who Knows the Local Courts

Every jurisdiction has quirks, but filing times in San Diego courts are particularly sensitive to timing and procedure. Amelia Mattis understands how local trends, calendar preferences, and scheduling limitations can affect your case.

Use Stipulated Judgments Where Possible

If both parties agree on key issues, a stipulated judgment allows you to submit terms directly to the court for approval, without having to go to trial.

How We Can Help

Every family is different, and so is every divorce. The legal system in San Diego can feel overwhelming without guidance. Whether you are facing a high-conflict divorce or you simply need help understanding your options, Mattis Law, A.P.C. is here to walk you through the process.

Speak With a Trusted San Diego Divorce and Family Law Attorney

Amelia Mattis has been named as a Top 10 Family Law Attorney in California by the American Institute of Family Law Attorneys and she was selected as a Lawyer of the Year by the American Institute of Legal Professionals.

Call (858) 328-4400 to learn more today.