Going through a divorce can be an emotional and painful process. One of the first questions that arises when starting the divorce process is “How long does a divorce take?”. The length of time a divorce will take varies greatly depending on the circumstances.
This article will provide an overview of how long the divorce process takes on average, what factors affect the timeline, and tips for expediting the proceedings.
What Determines How Long a Divorce Takes?
Many different factors affect how quickly a divorce can be finalized, including:
- Whether it’s contested or uncontested – Contested divorces with disputes over assets, child custody, etc. take much longer. Uncontested divorces with agreements in place can be resolved faster.
- State laws and divorce process – Each state has its own regulations that dictate forms, paperwork, mandatory waiting periods, and more. Some states have streamlined procedures while others are more complex.
- Level of conflict – Couples who can compromise and agree require less court intervention. High-conflict divorces with unreasonable demands delay the process.
- Court caseload and scheduling – Courts in some areas are overburdened and understaffed, leading to long delays. Less busy courts can process divorces faster.
- Complications like valuating assets or business interests – Dividing properties, assessing investments/businesses, obtaining professional appraisals, etc. adds steps.
- Spousal or child support determinations – Negotiating support terms and appropriate amounts takes time.
So in straightforward uncontested cases with minimal joint assets/debts and agreed terms, the divorce may wrap up in a few months. Whereas complicated legal battles with child custody fights and financial complexities can drag on for years. The typical timeframe falls somewhere in between.
What Does it Take to Get a Divorce?
To get a divorce, either spouse must first file a divorce petition with the court to legally end the marriage. The petition outlines key details including:
- Grounds for divorce
- Child custody, support and visitation arrangements
- Division of assets and debts
- Alimony/spousal support requests
Some of the common grounds for divorce include:
- Irreconcilable differences
- Adultery
- Abandonment
- Physical/mental cruelty
- Separation for a certain time period
- Imprisonment
One spouse must prove legal residency in the state where they are filing. Most states require at least 6 months to 1 year of residency before the divorce petition can be filed.
The petition and summons must be legally served to the other spouse. This is typically done in person via a process server but can also be served by mail, publication or sheriff in some cases.
Once served, the other spouse will have a limited time (usually 20-30 days) to respond or contest the divorce. Contested divorces take longer to resolve since more steps are involved compared to uncontested divorces.
How Long an Average Divorce Takes
The length of a divorce can vary substantially based on where you live and the complexity of your case. However, according to surveys, the average divorce takes between 11 to 20 months to complete in the United States.
Here’s an overview of how long different types of divorces usually take:
- Uncontested divorce: 3 to 10 months
- Contested divorce: 12 to 18 months
- High net worth/complex divorce: 18+ months
- International divorce: 18+ months
Keep in mind every divorce is unique. A quick 3-month divorce is possible in rare uncontested cases with minimal assets and no children. On the other end, extremely contentious divorces involving custody disputes and complex financial assets can drag on for years.
Let’s look at how contested vs. uncontested divorces impact timelines.
How Long Does an Uncontested Divorce Take?
An uncontested divorce is the fastest and simplest way to get divorced. This is where you and your spouse agree on all issues like property division, debts, child custody and support. Uncontested divorces can take as little as 1-3 months to finalize in some states. Here are the typical steps for an uncontested divorce timeline:
- File divorce paperwork – Within 30-90 days of filing, depending on state laws
- Serve spouse – 1-30 days, depending on serving method
- Wait out mandatory waiting/separation period – Typically 30-90 days
- File for default if no response – 30-60 days after serving
- Final divorce hearing – Within 30 days of default
The key factors that dictate how fast an uncontested divorce is finalized are the state residency requirements, mandatory waiting periods, and how bogged down the court’s calendar is.
An uncontested divorce can take 3-6 months on average if you stay on top of filing paperwork on time and pushing the case through. It can drag out to over a year in some backlogged courts.
What is the Timeline for a Contested Divorce?
A contested divorce where major issues have to be litigated and resolved by the court tends to take much longer – often 12-18 months on average. Here are the typical phases of a contested divorce timeline:
- File divorce petition – Starts the process
- Serve spouse – 30-90 days to accomplish
- Discovery phase – 6-12 months to exchange documents, take depositions etc.
- Attempt settlement through mediation/negotiation – 1-3 months
- Filing motions – 1-6 months for custody evaluations, financial analysis etc.
- Trial preparation – 1-2 months get ready for court
- Final divorce trial – 1-5 days in court
- Receipt of final judgement – 1-6 weeks to get decree
As you can see, a contested divorce can take well over a year with many points along the way that can delay the process even further. Factors like full financial disclosures, business valuations, custody evaluations, and spousal disputes can all add time to get a resolution. However, most contested divorces do end up settling before trial.
Mandatory Waiting Periods in Different States
Most states have a mandatory waiting period between filing for divorce and being granted one. This gives spouses time to carefully consider reconciliation or resolve key issues.
Waiting periods range between 30 to 90 days or longer. A few examples:
- Florida – 20 days
- Texas – 60 days
- California – 6 months
- Virginia – 6 months + separate one year if couples have children
The court will not grant the divorce until this mandatory waiting period ends. Attempting to file before you’re eligible may cause your case to be rejected or timeline delayed further.
Some states make exceptions in cases of abandonment, domestic violence or if one spouse is already pregnant with a new partner’s child.
What is the Role of Mediation in a Divorce?
Mediation is an alternative dispute resolution process many spouses attempt in hopes of speeding up the divorce.
In mediation, a neutral third-party mediator facilitates discussions between the parties to help them identify issues and reach mutually beneficial compromises. The goal is to generate win-win solutions outside of court.
Mediation is estimated to resolve divorce cases in a few months compared to over a year via litigation. The flexible and collaborative process aims to:
- Reduce acrimony between spouses
- Reach compromises on all divorce issues including property division, finances, child custody and support
- Save time and money compared to a lengthy court battle
However, mediation only works if both parties agree to participate in good faith. If one spouse refuses to compromise or negotiations break down, the case returns to traditional litigation.
Still, mediation is always worth considering as it provides a confidential and customizable path to fast-track an agreement between spouses in weeks or months instead of years.
Understanding No-Fault Divorce
Today, most states offer “no-fault” divorce as grounds for legally ending a marriage.
In a no-fault divorce, you don’t have to prove specific marital misconduct like adultery or abandonment. Instead, you simply assert the marriage is “irretrievably broken” due to irreconcilable differences.
Some benefits of no-fault divorce are:
- Reduces conflict and animosity between spouses
- Eliminates the lengthy process of proving grounds and marital misconduct
- Speeds up the overall divorce timeline
However, it does not automatically simplify child custody or financial disputes. These can still lengthen the proceedings unless spouses willingly compromise.
So while no-fault divorce eliminates certain legal hurdles, significant disagreements over assets, alimony or child arrangements may still lead to lengthy negotiations. Willingness to compromise remains the key factor determining an amicable and quicker split.
What Factors May Cause Your Divorce to Take Longer?
Many different factors can lead to a drawn-out divorce. Common reasons divorces take longer than average include:
- Involvement of minor children – Sorting out custody, support and visitation arrangements tacks on several months, especially if co-parenting disputes arise. Appointing a guardian ad litem or social investigator to represent children’s interests also takes time.
- Business valuations – If a business interest must be appraised and divided, the resulting valuation reports can require 3-6+ months to complete depending on the complexity. The associated financial analysis also lengthens the process.
- Hidden assets – A spouse who conceals assets or income forces litigation to uncover the truth, adding 6-12 months in some cases. Forensic accountants are often brought in to investigate.
- Relocation disputes – When one parent wishes to move after the divorce, contentious legal battles over revising custody often ensue. Evaluations must support proposed arrangements.
- Temporary order disputes – Litigating interim issues like temporary support, asset use and bill payment may require months of motions and court hearings before the final trial.
If several of the above factors apply, you should expect your divorce to take significantly longer compared to the average case.
How Can You Speed Up Your Divorce?
If you want to get through your divorce as quickly as possible, here are some tips that can help expedite the process:
- Seek an uncontested divorce – Come to agreements upfront on major issues
- Use a mediator early on – To settle disputes out of court
- Hire an experienced divorce attorney – That can aggressively move the case
- Don’t delay filing paperwork – Dragging feet slows down timeline
- Avoid unnecessary motions – Don’t file just to stall the proceedings
- Compromise when reasonable – Even if it’s not your ideal settlement
No matter what type of divorce you end up pursuing, working proactively with your spouse and divorce attorney can help minimize delays and get your case resolved sooner.
The Role of a Divorce Lawyer in Divorce Proceedings
An experienced divorce lawyer can help you navigate the complex legal process efficiently. A lawyer may:
- Advise whether your grounds for divorce are viable
- Recommend faster options like simplified or uncontested divorce
- Handle all paperwork and filings with the court
- Represent you in negotiations and hearings
- Work with your spouse’s attorney collaboratively when beneficial
- Ensure proper financial disclosures and discovery
- Help divide assets from a strategic and tax perspective
- Guide you regarding state laws on property, custody, support and alimony
- Draft the marital settlement agreement and other required documents
- Expedite court calendaring and reduce delays
Good divorce lawyers help simplify issues, reduce unrealistic expectations and keep the case moving briskly towards resolution. Their expertise can shave significant time from the divorce process compared to spouses negotiating alone without legal experience.
Frequently Asked Question
Here are answers to some of the most frequently asked questions about how long time it takes to get a divorce finalised:
Q. How long does it take to get divorced in Florida?
- Florida has a mandatory 20 day waiting period before a divorce can be finalized. Uncontested divorces can be resolved in as little as 3 months. Contested divorces often take 9-15 months.
Q. How does adultery impact the divorce timeline?
- Adultery can lengthen the divorce process if used as grounds for an at-fault divorce or if custody disputes arise from the affair. However, in no-fault divorce states the impact may be minimal beyond emotional delays.
Q. What delays are caused by changing lawyers mid-case?
- Getting a new attorney up to speed on a case and transferring files/documents can take 2-4 weeks, extending timelines. Also legal strategies may need to be altered.
Q. How much does the court’s caseload affect divorce timeframes?
- Backlogged, overworked courts can increase typical timelines by 3-6 months for uncontested and 6-12+ months for contested divorces. Understaffed judges directly slow down hearings and rulings.
Q. Can I get a divorce without my spouse’s cooperation?
- Yes, but it may add 6-12+ months to serve an evasive spouse and litigate the case unilaterally. Refusal to disclose financial information also delays property division.
Key Takeaways:
- The length of a divorce varies greatly – from 1-3 months for uncontested to over a year for contested.
- The type of divorce (uncontested vs contested) and complexity of issues are the main factors affecting timelines.
- An uncontested divorce with agreement on all issues can typically be finalized in 3-6 months.
- A contested divorce with disputed issues often takes 12-18+ months to litigate and finalize.
- Strategies like mediation, experienced lawyers, cooperation, and avoiding unnecessary motions can help expedite divorce timelines.
- State mandatory waiting periods must be accounted for when estimating divorce timeframes.
- Even under the best circumstances, divorces rarely wrap up in just a couple months given legal formalities.
- Having realistic timeline expectations and professional guidance can help reduce frustration in the divorce process.
Going through a divorce is never easy, but having knowledgeable legal guidance can help move the process along as quickly as possible. Schedule a consultation with an experienced local family law attorney to understand the realistic timeline and options for expediting your specific divorce situation. With proper planning and legal support, you can achieve the fastest resolution available.
