How Long Does a Divorce Take? 📅
Table of Contents
Introduction
The Divorce Process
Filing
for Divorce
Serving
Your Spouse
Responding to the Petition
Discovery Phase
Negotiation and Settlement
Trial
Final
Judgement
Factors That Impact Divorce
Timelines
Contested vs. Uncontested
Cooperation Level
State
Laws
Children and Assets
Attorney Workloads
Typical Divorce Timelines
36
Months
612
Months
Over a
Year
Speeding Up Your Divorce
Mediation
Collaboration
Swift
Agreements
Simplify Issues
Conclusion
FAQs
Introduction
The question "how long
does a divorce take?" is an extremely common one among individuals
facing the dissolution of their marriage. The length of time needed to fully
complete the divorce process can vary substantially depending on the level of
complexity involved in the case and how contentious the proceedings become.
While some relatively straightforward divorces with minimal issues to resolve
can conclude in just a few months, others involving extensive disputes and
litigation can drag on for well over a year, or even multiple years in rare
cases.
Understanding the typical
timeline and key factors that can either expedite or delay the divorce process
can help provide realistic expectations for those going through it. Grasping
the standard sequence of legal steps and procedures, along with options that
may help accelerate the case or slow it down, allows couples to anticipate how
long their own unique divorce is likely to take from start to finish.
Divorce almost always proceeds
more swiftly when both spouses are able to reach mutual agreements in a spirit
of fairness and compromise. Cooperation and collaboration, rather than intense
legal conflict, enable the couple to settle issues in a reasonable timeframe.
However, divorces involving child custody battles, complex division of
substantial assets and properties, forensics accounting, or extensive court
proceedings inherently require more time to fully resolve, despite the spouses'
best intentions and efforts.
By understanding how the timeline
typically unfolds and insight on when delays may occur, spouses can hope to
achieve dissolution of their marriage in the most efficient and costeffective
manner possible, while protecting their rights and priorities along the way.
The Divorce Process
The full divorce process involves
a series of standard legal steps and procedures before the marriage can
officially be declared dissolved. The amount of time required to complete each
phase and receive final judgement depends greatly on whether the divorcing couple
is able to reach mutual agreement on important issues, or whether the matter
must be settled by courts after extensive litigation and testimony. Below are
the typical stages every divorce goes through and how long each segment tends
to take.
Filing for Divorce
The first step one spouse must
complete in order to officially initiate divorce proceedings is filing a
petition, or complaint, with the court that intends to dissolve the marriage.
This involves gathering information, compiling documentation, and submitting
all the initial paperwork stating the grounds for divorce and outlining the
individual's requests regarding finances, child custody, property division,
spousal support, and any other related matters.
It can take several weeks or longer
just to get all the required divorce forms completed accurately and the
necessary supporting documentation organized to file along with the petition,
especially when substantial assets and complex issues are involved. Many
individuals enlist the assistance of an experienced divorce lawyer to ensure
proper legal procedures are followed and filings are all in order prior to
submission. Once the petition is finalized, the paperwork can formally be filed
with the court clerk, for a fee, and the divorce case opens.
Serving Your Spouse
Once the petition for dissolution
of marriage is filed and on record with the court, the individual who filed the
complaint (the petitioner) must then legally notify their spouse that divorce
papers have officially been submitted through a process known as "service
of process." This is most commonly accomplished either by serving papers
directly through certified mail that requires a return receipt, or by hiring a
process server who personally delivers the petition to the spouse being sued
for divorce (the respondent.)
The petition cannot simply be
given voluntarily; formal service is necessary and ensures the respondent is
made aware of the proceedings and documentation is on record certifying notice
was given. The respondent normally has a defined period of time dictated by
state laws, generally 2030 days after service, to file their response with the
court. Proper service thus adds at least a month to the divorce timeline.
Responding to the Petition
Once the petition for divorce is
successfully served, the next phase is for the responding spouse to formally
provide their own response with the family court, within the legally specified
timeframe after service. The respondent's reply will either admit, partially
admit, deny, or contest any or all of the allegations, assertions, and requests
made by the petitioner in their divorce complaint.
In addition, the responding
spouse can choose to make any applicable counterproposals regarding property
division, support, custody, or other matters as part of the response. It is
common for both sides to have competing requests on certain issues during this
rebuttal phase. The respondent's reply to the divorce petition customarily adds
3060 more days to the process before moving forward.
Discovery Phase
After the initial petition and
response are filed with the court, divorce then enters the discovery phase,
which allows each party to request or compel disclosure of pertinent information
and documentation from the other side as related to finances, assets, debts,
income, and any other matters relevant to reaching equitable settlement.
The discovery process may involve
interrogatories (written questions), requests for production of documents,
depositions (recorded testimony), subpoenas of records, financial declarations,
and more. This phase enables each side to conduct indepth investigation
regarding bank accounts, business valuation, retirement funds, tax returns,
credit reports, mortgages, property appraisals, and so on to establish complete
understanding of the marital estate for division.
Responding to discovery and
compiling all required documentation is often a lengthy undertaking, as spouses
must gather records from various institutions and sources compiled over the
entire marriage. Large volumes of paperwork and complex assets also take
substantial time for lawyers to examine and analyze. For these reasons, the
discovery phase frequently spans several months as information is exchanged
back and forth between the spouses.
Negotiation and Settlement
At some point during or after the
discovery process, the divorcing couple will need to initiate good faith
negotiations of a marital settlement agreement that resolves all issues between
them, including but not limited to division of marital property and debts,
spousal support and child support, child custody arrangements, and allocation
of attorney fees and court costs.
Reaching compromise and
settlement agreements between spouses is generally faster than continuing to
litigate matters in court through trial. Yet, settlement talks can still
involve an extensive period of offers and counteroffers as each party fights
for their preferred share of assets and terms. How quickly negotiations
conclude largely depends on how reasonable and flexible the spouses are in
finding middle ground they can accept to end the marriage amicably. Settlements
may be achieved in weeks if communication is smooth, otherwise take months.
If a mutually acceptable
settlement on all, or even most, issues is ultimately reached, the divorce
process moves forward to conclusion much more rapidly, avoiding costly delays
of court intervention. However, if irresolvable differences remain, the case
proceeds to trial where a judge makes binding decisions on any disputed
matters.
Trial
In situations where a divorcing
couple cannot reach agreements despite extended negotiations and mediation, the
divorce case will go to trial before the family court judge. Both spouses have
opportunity to present testimony from witnesses and submit evidence that
supports their position on any unresolved issues pertaining to property
division, support amounts, custody arrangements, or other pertinent factors.
The judge will then consider all
evidence and make the final legally binding determination regarding any still
disputed aspects of the divorce judgement. Often divorces end up going to trial
over key issues like child custody arrangements or allocation of substantial
marital assets. Trial dates customarily take months to obtain on a crowded
family court docket, and the trial itself can easily span weeks or longer for
involved cases, thus adding significant time to the divorce.
Final Judgement
Once all needed evidence is
obtained, negotiations completed, and any matters settled by trial, the court
will enter formal final judgement and decree to legally dissolve the marriage.
However, in many states, there is a mandatory "cooling off" waiting
period of anywhere from 3090 days or more required after all agreements are in
place before the divorce can be finalized.
This waiting period before
issuance of the final decree allows additional time for resolution of ongoing
disputes, reconsideration of reconciliation by either party, and any other
issues pertaining to the divorce judgement and settlement to be addressed.
Thus, the final steps after reaching settlements or trial verdicts often take a
month or more. The judge then formally signs off on the final divorce decree
and orders to make it official. At that point, the spouses are legally
considered single again.
Factors That Impact Divorce
Timelines
Numerous different factors
influence and determine the expected timeline from initial filing to finalized
divorce. Spouses should be aware of what these key timeline factors are when
estimating how long their own unique divorce situation may take from start to
completion. Some of the most common elements are summarized below:
Contested vs. Uncontested
One of the biggest influences on
divorce timelines is whether the case is contested or uncontested. Uncontested
divorces, where the spouses mutually agree upfront on all major issues like
property division, support, and child custody without dispute tend to finalize
much more rapidly, often within 36 months depending on state waiting periods.
Contested divorces, where parties
cannot agree and dispute resolutions proceed through litigation and court
intervention, almost always take a minimum of 6 months to over a year, if not
longer. The more issues that are disputed and taken to court, the greater the
delays.
Cooperation Level
Closely related to whether the
divorce is contested or uncontested, the general level of cooperation exhibited
between the spouses also has significant impact on timeline. Divorcing couples
who communicate civilly, demonstrate willingness to compromise, and approach
matters from a solution-oriented standpoint rather than a combative one
generally complete proceeding faster. Spouses who insist on fighting over every
minor issue and detail lengthen the timeline.
State Laws
Each state has its own statutes
and regulations pertaining to divorce filings, asset division, alimony, child
custody, and more, which dictate certain obligatory procedures and waiting
periods. These mandatory legal requirements set minimum timeframes for how
quickly a divorce can progress in that jurisdiction, regardless of cooperation
level or complexity. Some states simply require more time by law than others
due to filing requirements, forms, and waiting periods before finalization.
Children and Assets
Divorce cases involving disputed
child custody issues, substantial marital assets requiring division, jointly
owned businesses, executive compensation packages, or retirement accounts often
have greater complexity that adds time requirements. Meticulous records
gathering and review, property appraisals, financial expert testimony, business
valuations, QDRO preparation, and more may be needed, extending timelines.
Attorney Workloads
In general, divorces where both
spouses retain experienced attorneys educated in family law to represent them
often achieve resolution sooner than individuals trying to navigate the maze of
legal paperwork and court proceedings alone. However, heavy existing caseloads
and crowded court dockets can limit attorney availability, causing routine
delays of weeks or months between submittals, hearings, and rulings.
Typical Divorce Timelines
Recognizing common divorce
timelines based on levels of complexity can help set realistic expectations.
Most divorces fall into one of the following general timeframes:
36 Months
For very straightforward and
amicable divorces with minimal property, assets, debts, and no children
involved, resolution may be achieved in as little as 36 months. These
uncontested cases with simple division of belongings and agreements on support
can finalize rapidly if state laws don't mandate lengthy waiting periods.
612 Months
Typical contested divorces with
some disputed issues like alimony amounts or asset allocation often take a
minimum of 6 months to resolve even with attentive lawyers and cooperative
spouses. Add a few months more if children are involved. Most moderately
complex divorces conclude within 912 months.
Over a Year
For highly disputed and
contentious divorces involving custody battles, business interests,
professional practices, opaque finances, forensic accounting, pension plan
division, or other substantial complexities, it is not unusual for proceedings
to carry on over a year, or even multiple years in rare high asset cases. Key
factors like custodial rights and property division may require separate
trials, appeals could lengthen timelines, and massive quantities of records may
be subpoenaed, analyzed, and challenged along the way. Patience and
perseverance are required.
Speeding Up Your Divorce
If you are seeking to shorten the
duration of your divorce as much as possible, the following proactive steps may
help expedite the process:
Mediation
Engaging an independent mediator
from the outset helps facilitate communication, negotiation, and compromise
between divorcing spouses in a more diplomatic environment than court
litigation. An experienced divorce mediator can foster faster agreements and
smooth settlement of key issues if both spouses participate in good faith.
Mediation is an effective way to avoid protracted court proceedings over
disputes a mediator may help resolve.
Collaboration
A collaborative approach where
you and your spouse jointly retain attorneys trained in peaceful divorce
resolution can also minimize conflict. You work as a team rather than
opposition to mutually agree on fair distribution of assets, support, custody,
and other details without involving the court until absolutely needed. Focus is
on compromise, not court orders.
Swift Agreements
Aim to promptly come to interim
or partial agreements on any issues possible as you go through the process,
even smaller ones, rather than fighting every detail. Get the easy stuff
settled upfront to build momentum. Drawn out haggling over every minor issue
bogs down the timeline and increases legal bills.
Simplify Issues
Try your best to simplify and
streamline issues requiring resolution. Avoid complicating matters with
unreasonable demands, petty disagreements that waste time arguing in court, or
introducing extraneous issues not directly relevant to divorce that could get
contested. The more straightforward the case, the faster it proceeds.
Conclusion
The length of any divorce varies
substantially based on the individual circumstances of each case and the
spouses involved. While an amicable divorce between a cooperative couple with
minimal jointly owned property or no children may conclude in as little as 36
months, a hotly contested proceeding with custody disputes and substantial
assets requiring forensic accounting and rulings from the court could
understandably take 12 months or longer to fully complete.
Patience and dedication to
reaching equitable agreements tends to serve divorcing spouses better than
contentious legal wrangling in most cases. Understanding what standard steps
and waiting periods to expect throughout the timeline, where delays could
arise, and what reasonable durations typically are for varying complexity
levels allows spouses to plan accordingly. With good faith negotiation and
willingness to compromise in areas of disagreement, many couples can achieve
resolution of their divorce in a timely period that brings closure while
protecting all parties' rights and priorities under the law.
FAQs
What is the fastest divorce possible?
The absolute fastest way to get
divorced is an uncontested case with minimal issues or joint property that
qualifies for simplified or summary dissolution based on state laws. If
paperwork is organized, agreements quickly reached, and court processes
streamlined, divorce could finalize in 13 months in exceptional cases, but this
is atypical.
What can I do to expedite getting my divorce finalized?
Tips to expedite divorce include
being cooperative, using a mediator, avoiding disputes over small issues,
sharing information freely, having experienced collaborative attorneys, getting
partial agreements early, focusing only on most important disputes, utilizing
online tools, organizing paperwork efficiently, and allowing concessions to avoid
court if possible.
How much does a typical contested divorce cost?
The average total cost of a
contested divorce leading to settlement is between $15,000$20,000 in legal fees
and court costs per spouse in the U.S. High net worth contested divorces with
substantial assets and proceedings dragging through litigation can end up
costing each spouse upwards of $50,000, if not more in some cases.
What are the risks of a divorce that continues excessively long?
Lengthy divorces often deplete
savings paying for needless litigation, fail to provide closure for moving on
emotionally, keep spouses in limbo unable to remarry, prolong property division
disputes, leave custody issues unresolved, perpetuate financial uncertainty,
and overall cause more harm than good for spouses and children alike. Judges
may intervene to expedite if too prolonged.
Is mediation required in divorce?
Mediation is not legally
required, but highly recommended for amicably settling disputes and avoiding
drawn out court litigation in contested divorce cases. Many courts will order
mandatory mediation if they see issues stalling that could potentially be
negotiated and resolved more efficiently with a mediator's assistance and
guidance.
Can I represent myself in divorce without an attorney?
You can represent yourself in
divorce proceedings without an attorney, known as filing pro se. However, selfrepresentation
is not recommended for complex cases or those involving disputes around
substantial assets, properties, child custody, or support. Taking time to work
with experienced divorce lawyers usually saves money and stress in the long
run.
How long does it take to get temporary orders in a divorce?
Temporary orders establishing
preliminary terms for child custody, spousal support, possession of home, and
financial responsibilities during the divorce process are typically obtained
from the court within 13 months after filing initial pleadings. However, delays
may occur if requests are disputed by the other spouse.
What happens in the mandatory waiting period before divorce finalization?
The mandatory waiting period
imposed in most states after agreements are reached, but before the divorce
decree is entered, allows spouses time for reconciliation consideration, to
modify terms if needed, settle remaining issues like transfers of property,
complete parenting plans and custody evaluations, among other final divorce
matters that require closure.
Who determines who gets what in divorce settlements?
Ultimately, the divorcing spouses
themselves determine division of assets, support terms, and other settlement
details through mutual negotiations, either directly or via attorneys.
Unresolved disputes get decided by the family court judge after considering
applicable laws, evidentiary testimony, and what is deemed fair distribution,
custody arrangement, etc.
How do courts determine child custody?
Courts determine child custody
based on the best interests of the child. Factors considered include the
child's relationship with each parent, parenting abilities, mental and physical
health, family environment, school and community ties, and the child's own
preferences for custody. Courts favor joint custody if parents cooperate.