[scaramuush]

It's been almost 4 years since my wife and I started our divorce. We have been living in separate households since practically the beginning or the proceedings and we have filled papers with the court agreeing to a child custody schedule and child support (no alimony was determined). Is there a time limit regarding when the divorce should be final? The divorce was filed in CA.

[cadillac59]

We have a rule in California that states that a divorce must be brought to trial within 5 years otherwise it is subject to mandatory dismissal; however, the statute is tolled if there are temporary child custody, child support or spousal support orders in place. It is also tolled if you have bifurcated and terminated marital status.

Since you said you filed papers with the court for child custody and support I'm assuming the judge signed an order on these issues, which would mean your case is exempt from the 5 year rule. If this is so, the statute would be tolled as long as the orders remain in effect, i.e. until the kids reach maximum child support age (18 and finished with high school or on the high end age 19--- child custody jurisdiction ends in all cases at 18, irrespective of high school enrollment).