Typical Length and Process of a Contested Divorce

As one might expect, there really is no such thing as a typical contested divorce; however, there are common processes in contested divorces and each process takes time.

Process of a Contested Divorce

In a contested divorce, the following steps take time and money and each lengthens the divorce process:

Summons and Petition
Answer (usually 30 days after the petition)
Discovery including:
- Interrogatories
- Document Production
- Depositions
Expert reports
Expert depositions
Forensic Accounting (to trace money from a business or inheritance)
Hearings and/or motions to compel or object to discovery and experts, or to present evidence
Trial

There are specific time limits for each step of the process which vary from state to state. Each side has a limited amount of time to begin each step as well as to respond. Even with the time limits, the courts can get backed up and getting before a judge can take anywhere from 1-6 months depending on the district and the demand.

Discovery

A contested divorce often involves discovery. Discovery is the process by which each party’s attorney requests information from the other. Information such as property inventories, bank and investment statements, monthly living expenses, and detailed employment records are examples of documents typically exchanged in a contested divorce, although there may be more if one spouse suspects another has been financially irresponsible. Discovery can take anywhere from 3-6 months (or more in complicated cases) to complete.

Depositions are also common in contested divorce. A deposition is an opportunity for one spouse’s attorney to question the other spouse, usually in the questioning attorney’s office, while the spouse is under oath and every word is transcribed by a court reporter. Depositions can be personal and emotionally charged depending on the circumstances and on the lawyer conducting the deposition. Depositions can also be taken of the experts each party might intend to testify (financial, vocational, and parenting experts are common).

Custody Evaluation

If a contested divorce involves custody issues as well, a custody evaluation may be necessary. A custody evaluation includes a trained child specialist tests and evaluates each parent and the children as well as their relationships. It can be a long and expensive process taking from 3-6 months to complete.

Get Legal Advice

Contested divorces are typically long and expensive and it is critical that a spouse have experienced legal representation in order to make the best use of the process and the experts needed. A contested divorce can last anywhere from ten months to a couple years. The more experts and more documentation needed, the longer a contested divorce can take. An experienced attorney can give you a ball park estimate as to time and process for a particular case.

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