If you’re considering divorce, you may wonder: is there a waiting period or minimum time to get divorced? Requirements vary by state and also depend on whether your divorce is contested or not. While uncontested divorces can be settled in as little as a month, that’s not typical. Timeframes can also change as spouses realize that they can’t agree on key points, requiring more negotiation. Where there are extensive or complicated assets involved or where a spouse is unwilling to compromise, the process may extend beyond a year.
Some important elements of the legal timeline include:
Waiting Period
Some states require a waiting period before a divorce can be filed or finalized. Some even require a level of counseling or actual physical separation before you can file for divorce. In Georgia, there is no waiting period to file, but, once you file, the state requires a 30-day waiting period.
Your divorce will likely take longer than a month. That short of a turnaround is very unusual and only happens when the divorce is truly uncontested. You would need to come to me with an agreement where all of the issues are resolved, including key topics like your division of assets, alimony, and child custody. In that situation, we can get the divorce quickly drafted and filed, but that only happens in a limited number of cases.
While waiting can be frustrating, it’s also an opportunity to prepare yourself by gaining knowledge about your financial picture and starting to plan the next chapter of your life.
Residency Requirement
In addition to any waiting periods for filing or finalizing your divorce, you may face a state residency requirement to start the process. Establishing residency typically has its own timeline, depending on where you live. In Georgia, it takes six months to establish residency and you must be a resident before you can file for divorce. You typically can’t just move to a new state and then file, so you’ll want to factor that into your timeline.
Getting Prepared While You Wait
Whether you are in the waiting period or just starting to think about divorce, the pre-divorce filing time is an important window to get your ducks in a row. During this period, make sure that you have access to all household financial information. This includes getting an idea of your current budget, understanding your financial assets and liabilities, and educating yourself on things like your income, expenses, savings, and asset location.
If you are not involved in managing your finances, it’s perfectly fine to ask your spouse about them. Be honest. If they’ve kept you in the dark, ask them to sit down with you and explain your assets, income, and liabilities. Getting a clear picture of those things during the time that you're waiting is so important because it gives us a head start, as opposed to filing without financial details and trying to piece information together afterward.
Final Word
There is often a waiting period to get divorced, but the specifics depend on your state and situation. While waiting can be frustrating, it’s also an opportunity to prepare yourself by gaining knowledge about your financial picture and starting to plan the next chapter of your life. By understanding the requirements and working with an experienced attorney, you can navigate the divorce process with greater ease and peace of mind.
