How long does divorce process take?

Divorce is never easy, but skilled divorce lawyers may make it more manageable. As a means of helping you become less preoccupied with the dissolution of your marriage, they may engage in conversation with you about aspects of your life that will play a role in the future, such as concerns about child support and custody arrangements.

If you’re curious about the time commitment to get a divorce before you file for one, the response is going to be based on a variety of different considerations. Ultimately, the time required to finalize a divorce can be affected by alterations to any of these factors.

Conditions of Residency

Several considerations influence the rate at which a divorce can be finalized. It includes where you live, whether or not your state has a “cooling off” period or mandated length of separation, whether you want a divorce based on fault or no fault, and whether or not your divorce is disputed. 

You should know that the shortest time it takes to get a divorce is during the “cooling off” period. Assuming you cannot reach a consensus, the process may take longer.

Divorce proceedings can drag further if you don’t meet the residency requirements. To apply for divorce in your state, you must first complete the residency requirements set forth by that state. Consultation with a family law attorney can help you with more information about these prerequisites.

Divorce Process Options

One might choose from several different divorce procedures. The primary alternatives for getting a divorce include going to court, using a mediator, or working with an attorney collaboratively. 

There are many other strategies for alternatively resolving conflicts, including mediation and collaborative divorce. Hence, these are “alternative dispute resolution” because they provide an option besides the more common legal proceedings.

A divorce considered “no-fault” means that neither party accepts responsibility for the dissolution of the marriage. On the other hand, divorce on the grounds of fault is also an option in some jurisdictions. It means that you can file for divorce on the grounds of adultery, cruel treatment, or any other cause you see appropriate.

 In uncontested divorce cases, both parties agree on all major issues, such as property division, child custody, and support arrangements, making the process significantly faster and less expensive. As lawyers from the Law Office of Michael Ephraim explain, this type of divorce often does not require a trial or multiple court appearances, which streamlines the proceedings. It’s crucial, however, to still have legal representation or consultation to ensure that all agreements are fair and in compliance with state laws.

Filing for a divorce based on fault requires you to prove grounds for divorce in a hearing or trial, which can take a lot of time. Most of the time, filing for divorce on the grounds of fault does not prevent it; however, it can lengthen the process.

Divorce Waiting Period

In most jurisdictions, a divorce petition must be filed and then processed by the court for some time before a final divorce decree can be issued. The mandatory waiting period laws in each jurisdiction are justified in various ways. The average waiting period is 30 days, though it can sometimes be as long as 90 days.

The divorce process can be streamlined when a couple has only been married for a short time and does not have many material possessions. If fewer issues can’t be resolved, divorce can move along more quickly. In addition, it raises the possibility of resolving contentious issues through mediation, thereby avoiding the time-consuming and financially burdensome process of going to court.

For those of you who have been married for quite some time and have a substantial amount of assets, such as multiple homes, business interests, and significant savings or stock holdings, dividing them up can be a complex and time-consuming process. If one of the partners in a marriage attempts to conceal assets from the other, this can result in the need for legal action, which can extend the divorce process by several months or even years.