How Long Does it Take to Get Divorced?

A common question that couples who are getting a divorce often ask their attorneys is- how long does it take to get a divorce? On average, the entire process can take anywhere from a few months to 6 months or longer. Each state has different divorce laws. There are many factors that determine how long a divorce proceeding takes such as residency requirements, whether or not issues can be resolved between the parties, and how busy the courts are with other cases. Most states require that at least one party must be a resident of the state in which they are filing for divorce. The residency requirements vary, but most states require that you establish residency approximately 60-90 days prior to filing for divorce.

Divorces are either contested or uncontested. In a contested divorce, the parties are unable to resolve their issues and end up having to go to mediation or having the court decide issues for them. In an uncontested divorce, the parties are able to resolve all issues. Courts are overloaded with family law cases. It may take a month or longer to get a hearing date. Emergency matters such as motions for temporary custody or support or restraining orders are heard first. Before you decide to file for divorce, you should speak to a family law attorney, and check your state divorce laws.

Divorce Process

The divorce process starts with one spouse filing a petition with the court. The divorce papers must be served on the other spouse. If the other spouse does not contest the divorce, then a default judgment will be entered. If the other spouse decides to contest the divorce, then there will be motions, discovery and hearings which can delay the process. Typical issues that are contested in a divorce include the following:

Property division
Alimony/spousal support
Child support
Child custody and visitation

The parties may have to go to mediation to resolve the issues. If children are involved, some states require the parents to go to co-parenting classes. Once all issues have been resolved and a settlement agreement has been prepared, the court will issue a final divorce decree, and you will be legally divorced. Even after divorce, it is not unusual for parents to end up back in court over disagreements regarding child support, child custody and visitation matters.

Hiring a Family Law Attorney

Since family law matters are complex, it is recommended that you hire a family law attorney to represent you in a divorce matter. Divorces are emotional and stressful, and each party may require legal representation in order to resolve issues. A family law attorney in an expert in divorce matters and can help you with your divorce settlement.

Thinking About Divorce?