How Long Does Divorce Typically Take?
By The DivorceLawyer.com Team
Several Factors Contribute to the Length and Complexity of the Process
The length of time to divorce can vary widely based on your circumstances, location, state laws, what is being contested, and how you and your spouse choose to handle the negotiations and proceedings. Consult a DivorceLawyer.Com law firm member who can provide guidance based on your unique circumstances.
The divorce timeline is different for everyone. You can move through the process in as little as 31 days when all parties agree or, if there are differences that need to be arbitrated, it can last for years.
Here are some common timelines.
31 Days
Just over a month is generally the shortest time it will take to get a divorce. Even if everything is in order and everyone agrees to the terms, many states have mandatory “waiting” or “cooling off” periods immediately after you file. Usually, you won’t have to take any action during that period, but you cannot move forward until this time has passed. The waiting period is 30 days in some states and can be as long as 365 days in others.
The clock starts ticking the moment that the divorce papers are served to your spouse, not when you file them in court. After any applicable waiting period, a judge can review the case and give final approval.
Divorce comes in many shapes and sizes, often taking anywhere from a month to a year or more.
45 – 60 days
Six to eight weeks is how long an uncontested divorce typically takes. If you and your soon-to-be former spouse can agree on the details of your separation, then the court just has to rubber-stamp everything to make it official. There can be some delays due to the time required to file paperwork and handle any incidental matters that may arise based on your state.
6 – 12 months
The time for a contested divorce can vary, but it usually takes 6 – 12 months to settle all disputes, get a judgment, and process the paperwork. If children are involved and there is a custody struggle, it can take much longer and may end up being revisited by the court every few years.
Delays
Delays can happen for various reasons along the way and can be frustrating when you just want to move forward. Some judges have a lot of cases they are managing, which can create a backlog in scheduling. If you opt to go it alone without an attorney and your divorce stalls for several months, you may want to revisit this strategy. Hiring a lawyer who is familiar with how to best navigate the system in your county can be helpful when working with the clerks to finalize everything more quickly.
Divorce by Publication
If your spouse cannot be found, and reasonable efforts have been made to contact them, a divorce by publication is possible. This involves a formal notice published in a “paper of repute” that states that the marriage is dissolved. Approval by a judge is required beforehand, and the notice must run for the amount of time specified by your state’s laws, which can be multiple weeks.
Silent Divorce
Some couples separate without filing legal paperwork to formalize the divorce. The two are still legally married in these cases, but the emotional and physical connection has been severed. This is often done when children are involved to make things less complicated. Sometimes, the two will even continue living together for convenience’s sake.
While it works for some, a silent divorce technically has no end and comes with some legal risks. At any point, either spouse can initiate formal proceedings. Even if you have an amicable relationship and are ending on good terms, consulting an attorney may be worth it to ensure you know your rights and liabilities.
Go Your Own Way
Divorce comes in many shapes and sizes, often taking anywhere from a month to a year or more. It’s really about finding the best fit for you and your family, and understanding how your state and local laws might impact the process. Consult a legal professional to explore the best approach for your divorce and get answers to your questions based on your unique situation.
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