What Factors Delay a Divorce in California?

Divorce in California doesn’t always move quickly. Even when both spouses want it over with, the process can stall. By law, there's a 6-month minimum waiting period from when the petition is served. But that’s just the floor — not the finish line.

Plenty of cases drag on for a year or more. Why?

Uncooperative spouses, custody fights, money disputes, hidden assets, and courtroom slowdowns all add time. If you want to learn more about how long a divorce can take, there’s a detailed guide that explains the timeline and what to expect. This article breaks down the most common reasons divorces in California take too long — and what you can do when the delays start stacking up.

The 6-Month Rule: Why It’s Just the Minimum

What the Law Says About California’s Waiting Period

California law sets a mandatory waiting period before a divorce can be finalized. Family Code Section 2339 says the court can’t grant a divorce judgment until six months after the respondent is served or files a response.

This rule applies no matter how simple or friendly the divorce might be. You can file paperwork. You can agree on terms. But you still have to wait out the clock.

The 6-month rule exists to give both parties time to think. It’s meant to prevent rushed decisions. But it doesn’t mean your divorce will be done at month six.

Why Many Divorces Take Much Longer

Six months is the legal minimum. Most divorces take 9 to 18 months, sometimes longer. Why? Real life gets in the way. People fight over money. Kids make custody hard. Spouses disappear. Lawyers drag things out. The court calendar is packed.

Even if you agree on most things, just one issue — child support, property, debt — can stall the whole case. The law may say “six months,” but that’s not a finish line. It’s just where the waiting begins.

Major Factors That Can Delay a Divorce in California

Uncooperative or Delaying Spouse

One person can hold everything up. Ignoring court papers. Showing up late. Not showing up at all. Some spouses miss deadlines on purpose. Others drag things out, hoping to wear the other side down.

Every skipped hearing, or late response pushes the timeline back. And the court won’t finalize anything until both sides follow through or the other party gets defaulted — which takes even more time.

Complex Property and Asset Division

When couples own a house, a business, multiple accounts, or rental property — things get messy.

Splitting property isn’t fast when:

• One spouse owns a business
• There are significant retirement accounts
• Real estate must be appraised or sold

• There’s disagreement on what’s community vs. separate

Each piece adds work. More assets means more paperwork — and more time waiting.

Disputes Over Child Custody and Support

Fighting over kids delays everything. Courts want detailed parenting plans.

If parents disagree, the judge may order custody evaluations or appoint a mediator. That adds weeks or months.

High-conflict cases often involve:

• Allegations of abuse
• Disagreements about school, religion, or travel
• Disputes over child support

Until custody and support are resolved, the divorce stays stuck.

Domestic Violence or Restraining Orders

When abuse is involved, safety takes priority. A restraining order changes how the court handles communication, child visitation, and property exchanges.

In some cases, the abusive spouse gets no contact at all. This shifts the timeline. Hearings get added. Court orders need enforcement. Custody becomes more complicated. These protections are necessary. But they also stretch out the process.

Hidden Assets or Financial Misconduct

If someone lies about money, expect delays. Courts require full financial disclosure. When one spouse hides income or assets, the other has to dig.

This might involve:

• Subpoenas
• Forensic accountants
• Motions to compel

The divorce can’t move forward until both parties come clean. When trust breaks down, every dollar takes longer to trace.

Strategic Legal Tactics

Some lawyers play the delay game. They file motions to continue. They demand excessive discovery. They push trial dates back — again and again. Sometimes, it’s a defense strategy. Other times, it’s pure stalling. These tactics waste time, money, and patience. If no one pushes back, the divorce drags on without an end in sight.

How Legal Tactics Can Be Used to Slow the Process

Not every delay is accidental. Some are intentional — part of a legal strategy. Attorneys file motions for continuance to push hearings weeks or months down the line.

They might flood the case with discovery requests or drag their feet responding. It’s not always illegal. But it’s often unnecessary. In contested divorces, one side may refuse to settle.

Not because terms are unfair — but because dragging things out gives them leverage.They know delay means more stress, more legal fees, and more pressure to give in.

At some point, delay stops being strategy and starts looking like bad faith. Judges notice when a party plays games with the system. But unless someone challenges it — the stalling continues.

Lawyers have a huge role here. Some push for efficiency. Others slow everything down. If you’re not paying attention, a simple divorce can stretch out for years.

Can You Speed Up a Divorce That’s Being Delayed?

Yes — but you have to take action. Courts won’t move your case forward unless you push.

Filing a Request for Order (RFO)

An RFO puts pressure on the court and the other party. You ask the judge to set a hearing and make decisions — about custody, support, discovery, or anything stalling the case. It forces movement. It stops silence.

“At-Issue” Memorandum

This form tells the court your case is ready for trial or settlement. Once filed, the court puts your case on track toward resolution. You’re officially saying, “Let’s go.” Without it, your file can sit untouched for months.

Motion for Default

If your spouse won’t respond — file for default. This tells the court the other side is ignoring the process. Once granted, you can move forward without their input. It’s not the ideal path, but it keeps the case alive.

Private Judges or Mediation

California courts are busy. Private options move faster. A private judge handles your case on your schedule — not the court’s. Mediation helps settle outside the courtroom. Both save time. Both cut through the backlog.

Using the Family Centered Case Resolution Plan (FCCRP)

In more complex divorces, this plan speeds things up. The court sets deadlines. Schedules regular check-ins. Pushes both sides toward resolution. It’s like a case manager for your divorce — keeping everything on track.

Final Thoughts: How to Avoid Unnecessary Divorce Delays

You can’t control everything — but you can avoid a lot of the slowdown. Start with clear communication. Don’t go silent. Don’t guess. Speak up and stay engaged. Respond to legal documents fast. Deadlines matter. Miss one, and the whole timeline shifts. Hire an attorney who actually responds. Some lawyers cause more delays than they solve.

You need one who moves — not one who disappears. Have your documents ready. Know your income. Know your debts. Have a solid parenting plan if kids are involved. Every missing form adds weeks. Every delay in disclosure adds stress. If you stay ready, you don’t have to play catch-up. The sooner you cooperate and complete what’s needed — the sooner it’s over.