Whether you’re considering divorce as an option or are ready to move ahead, you need to know how long the process will take. The answer depends on what kind of divorce you get and where you live.
State Laws Impact the Length of the Divorce Process
Residency Laws
Before you can file any documents for your divorce, you must first meet your state’s residency laws for divorce. These require you or your spouse to have lived in the state for a period of time (two weeks to six months, depending on the state) before you are able to file for divorce there.
If you recently moved to a new state and your state has a long residency period, you might have to wait before you can file for divorce.
Waiting Periods
Some states have waiting periods between when you file for divorce and when the divorce is granted. Other states require that you be separated for a period of time before you can finalize your divorce. These waiting periods can add a few weeks or many months to your timelines, so you must be aware of your state’s laws.
Type of Divorce and Divorce Timeline
Uncontested Divorce
An uncontested divorce occurs when you and your spouse agree you want a divorce and agree on all of the terms of the divorce (such as custody, child support, asset and debt division, and spousal support). There is nothing in dispute, and you don’t need the court to decide anything for you.
In this type of divorce, one spouse completes all the paperwork and submits it to the court with the settlement agreement, or both spouses complete and file the paperwork together. The court might require a brief hearing before approving the divorce or approve it without an appearance and mail the decree to you.
An uncontested divorce is the fastest type of divorce and can usually be completed within weeks or months. However, the timeline is impacted by residency laws and waiting periods, as well as how busy the court’s calendar is.
If you and your spouse are in complete agreement, an uncontested divorce is the fastest path for you to finalize the end of your marriage.
Some states speed up the process even more by offering simplified divorce proceedings. You must usually have no minor children, no real estate, and limited assets to qualify. This streamlined process is designed to get you to the finish line as fast as possible and often does not require a court appearance.
Contested Divorce
A contested divorce is one in which you and your spouse are not in complete agreement and need the court to decide things for you. Your divorce is contested if you disagree about one or more of the following:
- The grounds (legal reason) for the divorce
- Child custody, visitation, or parenting time
- Child support
- Division of assets or debts
- Spousal support
A contested divorce requires a lengthy process. It may take many months or even a year or more to resolve. A contested divorce requires a trial, and the judge will decide all of the unresolved items and then issue a judgment.
It’s important to note that many divorces start out as contested but eventually settle, and the spouses eventually reach an agreement that they submit to the court.
A settlement might be reached quickly by the spouses themselves. Some couples go to mediation and reach a settlement with the help of a mediator. Others reach a settlement with the help of attorneys. It’s not uncommon for hotly contested divorces to settle days or even hours before the trial is set to begin.
A contested divorce may take months or over a year, depending on whether it eventually settles or goes to trial.
Filing Method and Divorce Timeline
Have an Attorney File for You
If you and your spouse work with an attorney, the attorney will prepare and file the paperwork with the court. It usually takes several weeks for an attorney to gather the information from you and complete the paperwork before filing. This is the most expensive and time-consuming option.
Filing Papers Yourself
If you choose to file your divorce papers yourself, you can pick up the forms at your local court or complete them through your state court website. You can file papers online in many states, but in some states, you must mail them or submit them in person.
This option can be fast, but if you make any mistakes or leave information out, the court may require additional filings or dismiss the case entirely, requiring you to start over.
Using an Online Divorce Service
An online divorce service provides a fast and easy way to get your divorce filed. The service has you fill out an easy-to-use questionnaire and then use that to fill out your state-specific divorce forms for you accurately. Most services can complete the paperwork in a few days. Some services can file the papers for you directly with the court.
Planning Your Time
If you are considering getting a divorce, being aware of the factors that influence the timeline is crucial.
Suppose you already meet your state’s residency requirements, file for an uncontested divorce, and use an online divorce service. In that case, your divorce can be completed very quickly, often within a month or two.
If you and your spouse are not in agreement, you can speed up the process by using mediation to work out the issues in your divorce and then filing for an uncontested divorce through an online divorce service. Mediation could add a few weeks onto your timeline but can still help you resolve things reasonably quickly.
Suppose you and your spouse cannot work out all of the issues in your divorce despite mediation and negotiations. In that case, your contested divorce will eventually go to trial, and the judge will issue a decision in your case. This is the lengthiest option and the most expensive one.
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