One of the most commonly asked questions regarding divorce is the total length of time that is necessary to finalize a divorce. The short answer is, it depends. Generally speaking, the average divorce takes around one year to complete from start to finish.
However, there are a number of different issues that will determine how long the divorce process will take from start to finish. For instance, many states require anywhere between a 0 to 6 month waiting period after filing the divorce lawsuit, before the divorce may be finalized.
As such, one of the main factors regarding the amount of time necessary to complete a divorce is your particular state’s laws regarding the waiting period. Another factor is whether or not the divorce is contested or uncontested.
For instance, if there are no contested issues in the divorce, and there is no state waiting period, an uncontested divorce could be completed in as little as one week. However, this is definitely not the normal amount of time, as noted above.
It is important to note that there are factors that often help to make the divorce process go faster. The following article explores factors that may impact the total length of time needed to complete a divorce.
What Are State Cooling Off Periods and Periods of Separation?
As mentioned, state-specific laws can impact the timeline of a divorce. If your state requires a cooling off period or a period of separation, then these waiting periods will make the divorce process take longer.
A cooling off period is a term used in divorce proceedings that is used to describe a required period of time that spouses have to wait before finalizing the divorce. Typically, this waiting period is around 60 days after the two parties have legally separated. However, the exact cooling off period duration varies by state.
For example, Texas Family Code § 6.702 requires that spouses must wait 60 days before they may legally finalize their divorce. In other words, the waiting period means that you cannot get a divorce on or before the 60th day after the day that the Petition for Divorce was filed.
A period of separation requirement refers to the time that spouses must live apart before they can legally obtain a divorce. In most states, legal separation is almost identical to divorce, but legally separated spouses remain married. Similar to cooling off periods, the duration of separation varies by state.
The purpose of these waiting periods is to give couples an opportunity to rethink their decision to end their marriage, before finalizing the divorce. Importantly, there are exceptions to the waiting period, such as cases where there is evidence of domestic abuse. In such cases, the court may waive the required waiting period.
How Does Residence Impact the Divorce Process?
Many states require proof of residency before an individual may file for a divorce. This means that you must have lived in a state for a certain period of time before you can obtain a divorce. This time of residency generally ranges between six weeks, such as in Nevada, to six months, such as in California.
As such, if one or both spouses don’t meet the state residency requirements, they must wait until they’ve lived in the state for the required amount of time before they can file for divorce. It is important to note that if one spouse leaves the state, the state they left will still have jurisdiction over their divorce case. This is important if their other spouse files in their previous state of residence, as they will be forced to participate in the divorce process in their old state.
How Does the Type of Divorce Impact the Divorce Process?
It is important to note that there are different types of divorce that an individual may choose to file. The two main types of divorce are fault-based divorce and no-fault-based divorce.
When one spouse files a fault based divorce, when the initial divorce lawsuit is filed, it will include allegations that the other party is to blame for the dissolution of the marriage. Examples of common types of reasons to file a fault-based divorce include:
- Cheating or infidelity
- Cruelty and abuse
- Abandonment
- Financial ruin
- Incarceration
After a fault based divorce petition is filed, the opposing spouse will then have the opportunity to file an answer to the complaint and allegations. Both parties will then litigate the fault issue in court in order to determine if either party breached the marital contract. This results in the divorce process taking longer, as the court must rule on the fault issue.
In contrast to a fault-based divorce, a no-fault divorce is a divorce which allows both spouses to agree together to dissolve their marriage. In other words, in a no-fault-based divorce, no single party is blamed for breaching the marital contract. This commonly leads to the divorce taking less time to complete, as issues concerning fault don’t have to be addressed by the court.
How Does Contested Divorce Impact the Divorce Process?
As mentioned above, when the parties to a divorce cannot agree on all of the issues that must be addressed in a divorce, the divorce will ultimately take more time to complete. The term “contested divorce” is the term used to refer to divorces when one or both spouses cannot agree about how to resolve all of the issues that arise during the divorce process.
Examples of common issues that may lead to disagreements between divorcing spouses include:
When the two parties are unable to agree on any of the above issues, the court must ultimately determine the issues. This means a trial of the issues about which the two spouses disagree on must occur. This results in the divorce process being longer than in uncontested divorce cases where the two spouses agree on all the issues that must be addressed.
How Does Civil Procedure Impact the Divorce Process?
Each state has rules regarding civil procedure that must be followed during the divorce process. Additionally, local courts may also have their own rules that must be followed by any party seeking a divorce. All of these rules can impact the length of time needed to finalize the divorce process.
For example, once one spouse has filed for divorce, they will then need to have all of the divorce documents served on their spouse’s attorney, if their spouse has a lawyer. After the divorce papers have been properly served in accordance with the civil rules and procedures regarding perfecting service, the other party will then have an answer period in which they can file a response to the divorce.
Perfecting service is typically one of the main factors that impacts the length of time needed to finalize a divorce. For instance, the other party to the divorce may be difficult to locate or they may refuse service. In these cases, the filing party will then need to get an order from the court for alternative service to proceed.
What Other Factors May Impact the Divorce Process?
In addition to the above factors, there are also many other factors that may impact the length of time needed to finalize a divorce. For example, the availability of the court to set a contested hearing may result in an increased time for finalizing a divorce. If the court cannot set the final hearing in the divorce for months, then the parties will have to wait until the court is available to hear the case.
If there are complex and disputed issues in the divorce case, such as child custody or the division of marital assets, then the case will take longer to finalize. This is because both parties will have to gather evidence from the other and then present their case to the court for a ruling on such issues.
Do I Need an Attorney for Help With the Divorce Process?
As can be seen, there are many issues that are involved in a typical divorce proceeding which may impact the amount of time necessary to finalize a divorce. As such, if you have been served with divorce paperwork or wish to file for divorce, it is in your best interests to consult with an experienced divorce lawyer.
LegalMatch can assist you in locating and setting up a consultation with a divorce lawyer in your area. An experienced divorce lawyer will be able to help you determine your best course of legal action, and ensure that your legal rights are protected throughout the divorce proceedings.
Additionally, an attorney may also help you reduce the overall time necessary to finalize your divorce by helping you navigate the more complicated procedures of the divorce process. An attorney will also be able to assist you drafting any legal documents necessary to move the divorce process along. Finally, an attorney can also represent you in court, as necessary.
