Time Limitation on a Divorce

artgirl said:

What is the name of your state?

california.

question: is there a statute of limitaton of time on how long a divorce may take?

MY RESPONSE: Simply stated, no. Depending upon the complexities of the case, or the trial schedules of the court and/or the parties, a dissolution hearing trial date could take anywhere from 6 months to 2 years - - plus or minus. Since you didn't mention your county, most of the larger counties take upwards of 1 to 2 years to obtain a trial date. The courts in these counties are quite congested.



my sister filed for divorce over a year ago. both parties, my sister and my brother-in-law have not gone to court at all, (they both have lawyers), everytime she sets a time with her lawyer, my brother-n-law's lawyer makes excuses to postpone the court date.

MY RESPONSE: I don't know the reasons for the continuances, and they could be many. Obviously, the court has agreed with the continuance requests. However, your sister's attorney should file the OSC, get a trial date, and not agree to any more continuances. Also, her attorney should oppose any motions to the court for any further continuances.




what is going on...it there something she can do to speed up and get a definite court date for dissolution. Can a judge interveen in this and force the two parties to go to court.

MY RESPONSE: Like I said above, her attorney should file the OSC, get a trial date, and fight against any stipulations for, or motions to obtain, any further continuances. In other words, your sister is looking to obtain a "date certain" for this matter.

Good luck to her.

IAAL

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