How Long Does it Take to Get Divorced?

It is much easier to get married than to get a divorce. Filing for divorce involves meeting residency requirements, observing waiting periods, and resolving all disputes before the court grants your divorce. Divorcing couples have to decide how to handle marital property, child custody, and spousal support. A quick divorce may only take a few months. A contested divorce can take a year or more.

The legal requirements depend on your state’s divorce laws. Divorce takes longer in some states than others. Contact a divorce lawyer for legal advice about speeding up your divorce.

Factors Influencing the Duration of a Divorce

There are many ways you or your spouse could make a divorce take much longer than necessary. Some divorce delays are intentional, such as if your spouse does not want a divorce or wants to make it as difficult as possible. Other delays come from a lack of planning and preparation. Factors influencing how long a divorce takes include:

• The couple cannot agree on the division of property
• Couple fighting over child custody and child support
• Dispute over alimony or spousal support
• Family court scheduling delays

How State Laws Impact Divorce Timelines

State law determines the divorce timeline and the amount of time it takes to finalize divorce papers. State law factors that impact the time frame include:

• Residency requirements
• Mandatory waiting periods

Residency Requirements

Generally, you can file for divorce in the state where either you or your spouse reside. You have to have residency to file for a divorce in your state. Depending on the state, residency requires living in the state or county. Members of the military can also file for divorce where they are stationed.

Some states require living in the state for one year before you can file for divorce. Other states only require you to be domiciled in the state. Most state filings require living in the state for about three to six months. Check with your state residency requirements.

Mandatory Waiting Periods for Divorce

Most states also require waiting periods or separation periods. Waiting periods provide a delay between when you sign the divorce agreement and when the court finalizes the divorce decree. Some states require the divorcing couple to live apart for a minimum time.

Waiting periods give the couple time to work things out or reconsider a divorce. If a couple files divorce papers after a heated dispute, a cooling-off period gives them time to reconcile. However, if you are in a hurry to file for divorce, these can cause unnecessary delays.

Waiting periods range from about 1 month to 6 months. However, a number of states have waiting periods of 1 year or longer. In some states, under certain conditions, such as mutual agreement and no minor children, you may be able to waive the waiting period if you are living separately. However, this is not universally applicable, and state-specific laws should be consulted.

Differences Between Contested and Uncontested Divorces

Uncontested divorces generally take less time because there is nothing in dispute. In a contested divorce, the couple cannot agree on all terms of the separation. They may have differences in how to divide property or can’t come up with a parenting plan. If the couple can’t resolve their disputes, the court will have to decide. This takes additional time and court resources.

In an uncontested divorce, the parties agree on all the major terms of the divorce. This is easier when you have not been married long, don’t have a lot of assets, and don’t have any minor children. Resolving your disputes before you get to court can speed up the divorce proceedings. The division of assets includes all your marital property and liabilities, including:

• Joint bank accounts
• Retirement accounts
• Credit card debts
• Real estate

Common Delays in the Divorce Process

A spouse can significantly delay your divorce, but generally cannot stop it completely unless there are exceptional circumstances, such as reconciliation or procedural issues. After filing for divorce, your spouse gets served a copy of the court filing. If they avoid service, it will cause delays. There are alternate forms of service, including publication. Find out how to serve the divorce papers on your spouse if they are avoiding service.

A spouse can also fight every term in the settlement agreement. They may want more property, spousal support, and full child custody. If you can’t agree on these terms, the court will have to decide. The court may send you to mediation to resolve your disputes. However, if your spouse will not cooperate, mediation is not successful.

Make sure you understand all the legal requirements for filing for divorce to make it go as quickly as possible. An experienced divorce attorney can prepare all the necessary documents, handle the filing, and represent you in any court hearings. An experienced divorce attorney can help you through the process and streamline your divorce case.

Role of Mediation in Divorce Proceedings

Many courts encourage or require mediation in contested divorces to facilitate resolution, but this requirement varies by jurisdiction and case specifics. Mediation is a type of alternative dispute resolution outside of court litigation. Mediation is helpful for couples deciding child custody and visitation agreements. Mediation is less adversarial and helps the couple communicate their concerns.

A neutral third-party mediator facilitates the mediation. They work with both parties to help them come up with solutions. If the couple can come to an agreement, they can avoid litigation and move forward with the divorce.

Tips for Speeding Up Your Divorce

It is simpler to speed up your divorce if both you and your spouse are on the same page. It is challenging to go through a divorce when the other spouse wants to cause delays. Tips for speeding up your divorce include:

• Know your state filing requirements and prepare all documents ahead of time
• File no-fault divorce without blaming the other spouse
• File for an uncontested divorce and have a written agreement resolving all property issues
• Use mediation to resolve any minor disputes you cannot resolve on your own
• File your divorce petition with the court and pay any filing fees
• Wait out the waiting period
• Get the final judgment from the family law court

When To Seek Legal Help

Divorce should not be so complicated, but there are many court and state law requirements. A family law attorney can explain the legal requirements and help you through the process. Your attorney can explain the amount of time it takes and help you avoid any unnecessary delays. Contact an experienced divorce attorney for help with your divorce settlement.