How long does the divorce process last?

On Behalf of | Oct 28, 2024 | Divorce |

Many spouses frustrated by the state of their marriages try for years to work on their relationships. They might attend couples counseling and individual therapy. They may try to learn how to communicate more effectively.

Eventually, some spouses reach the difficult determination that they simply cannot preserve their marital relationships. After years of questioning how to keep their marriage working, they decide to file for divorce. People frequently want to complete the divorce process as quickly as possible so that they can begin rebuilding their lives. However, it generally takes substantially longer to legally divorce than it does to get married initially.

Most divorces require at least four months to complete

There is no guaranteed timeline for divorce proceedings. Factors including the level of conflict and the number of cases making their way through the court system influence how long the divorce process takes.

People begin no-fault divorce proceedings by filing a petition with the family courts and serving appropriate documents to their spouses. After serving a spouse, there is a 90-day waiting period during which the spouses can settle any disagreements or attempt to reconcile. The waiting period is the same regardless of whether the spouses share minor children or not.

After those 90 days pass, it is then possible to proceed with the divorce. Those who have already settled their disagreements can potentially complete an uncontested divorce within a month or two. In cases involving higher levels of conflict and issues related to children, divorce proceedings can potentially take well over a year to complete.

Particularly in scenarios where spouses must litigate to resolve matters related to property division, financial support and parental responsibilities, the process can be particularly lengthy. Those pursuing a fault-based divorce may find that the timeline is longer, especially if one spouse files for divorce due to desertion or an involuntary stay in a mental hospital.

Couples hoping to divorce as quickly as possible may want to explore a cooperative approach wherein they set their own terms and proceed with an uncontested divorce filing. Knowing what to expect can help people prepare for the divorce process ahead, regardless, as even the fastest divorce requires multiple months of waiting to complete.

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