How long does the divorce process take?

1. How long does the divorce process take?

Before you file for divorce, you'll probably want to know how long it takes to get one. The answer will depend on a number of factors. Changing any one of these factors can affect how long the divorce process takes.
How long does it take to get divorced? The time it takes for getting a divorce is affected by:

Where you live
If your state has a waiting or “cooling off" period
If your state has a required period of separation
If you've satisfied the residency requirements
Whether you're filing a fault-based or no-fault divorce
If you're able to find your spouse for service of divorce papers
If your divorce is an uncontested divorce—where all major issues are resolved
If your divorce is contested—where you and your spouse cannot resolve major issues, making a trial likely
Whether you have expensive assets and businesses that need to be evaluated for their net worth
Whether you have serious conflicts about custody, possibly requiring a forensic psychologist to evaluate the family
Whether you trust that there are no hidden assets
If your local family court has a backlog of cases

2. 'Cooling off' periods and periods of separation

Whether or not you can have a relatively quick divorce can depend upon your state and whether it has a mandatory waiting or “cooling off" period. The consideration period is the amount of time you have to wait before you can get a divorce. The waiting period allows you to consider reconciling or adapting to your new situation.
If you read articles about each state's waiting times, you'll get different and often wrong answers. The length of a divorce will depend on the waiting period in your state.
Some states have no waiting period, while others do: California has a waiting period of six months. Tennessee has a child-free period of 90 days and a child-free period of 60 days.
In some states, you can't even file for divorce unless you've been separated for a specific period of time, usually a year. Check with a family law attorney to find out the waiting period in your state and whether you will have to live separately for a specific period of time.

3. Residency required

Residency requirements may increase the time it takes to finalize your divorce. You must meet your state's residency requirements before you can file for divorce. A family law attorney can advise you on these requirements.

4. Your divorce was no fault or fault

You can file for a no-fault divorce in all states. In a no-fault divorce, no one is responsible for the breakdown of the marriage. Some states also allow you to file for a fault-based divorce. This means you can claim for adultery, cruel and inhumane treatment or other grounds for divorce. If you are trying to slow down the divorce process, filing for a fault divorce will do the trick because you must prove the grounds for divorce at a hearing or trial. Your spouse can file for a fault-based divorce in an attempt to end the divorce. Most of the time filing for a fault divorce will not prevent the divorce but will make the divorce process take longer.

5. Serve divorce papers on your spouse

If your spouse avoids receiving divorce papers, your divorce will take longer. Sometimes husbands and wives play pranks when they are served with papers. If this happens, get a process server.
Uncontested divorces take less time
Uncontested divorces take less time because there is no trial required. You and your spouse sign the necessary documents, including the marital settlement agreement. This allows your case to proceed quickly in court. The judge only needs to review your documents, make sure they are valid, and then grant the divorce. A no-fault, uncontested divorce will be the fastest way to divorce because you agree with your spouse on everything. Depending on your state, your divorce could take anywhere from one to several months.

Q&A

Question 1: How long does an uncontested divorce usually take to finalize?

Answer 1: Uncontested divorces, where both spouses agree on all terms, can often be finalized relatively quickly. In many cases, it may take a few months to complete the process, including the required waiting period.

Question 2: What factors can influence the duration of a contested divorce?

Answer 2: Several factors can impact the length of a contested divorce, including the complexity of issues, court caseloads, and whether the parties can reach agreements on key matters. Contested divorces may take a year or more to resolve.

Question 3: Are there waiting periods that affect the divorce timeline?

Answer 3: Yes, some states have mandatory waiting periods, which can extend the divorce process. These waiting periods can vary from a few weeks to several months, depending on state laws.

Question 4: Can the divorce process be expedited in certain situations?

Answer 4: In some cases, divorces can be expedited if both parties agree to the terms and cooperate throughout the process. Additionally, in situations involving abuse or endangerment, courts may prioritize the safety of individuals and children, potentially leading to quicker resolutions.