Divorce is the second most stressful event a person can go through, according to the Life Change Index Scale. A recent legal study found that most divorces take about a year to complete, but your case may take more or less time, depending on your situation.
Divorce can be complicated if you have children, a lot of assets and debts or cannot easily reach agreements with your spouse. This guide explains how long you can expect a divorce to take and the factors that impact the length of time needed.
How long does it take to get a divorce?
Most divorces take about a year, but your divorce may be faster if it is uncontested or you and your spouse are able to reach an agreement quickly.
State Requirements that Delay Divorce
State laws impose requirements that can impact how long it takes to complete a divorce.
Residency Requirements
Before you can even consider how long it will take to get a divorce, you must first determine if you are even eligible to file for divorce in the state you are living in. Most states (except for Alaska, South Carolina and Washington) require you to be a resident for a certain period of time (often three to six months) before you can file for divorce in that state. The purpose of these laws is to prevent people from shopping around for the state with the most favorable laws.
If you do not yet meet your state’s residency requirements, you will have to wait until you do, or consider filing in another state where you meet the requirements.
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Waiting Period or Cooling Off Period
Many states impose a waiting or cooling off period that requires the parties to wait a certain period of time (usually 30 to 90 days) to ensure they really want a divorce before moving forward. Several states even have no waiting period at all, but they are the minority.
Mandatory Separation Period
Some states impose a mandatory separation period, which is different from a waiting period. It is a period of time (usually at least six months) during which a couple must live separately before their divorce can be finalized. Not every state requires this, but those that do typically have fault-based divorces (where one spouse is blamed for the divorce).
Fault vs. No-Fault Divorce
Whether your divorce is based on fault or is no-fault dramatically impacts how long the process will take. A fault divorce is one in which one spouse formally blames the other for the divorce. Reasons (also called grounds for divorce) could include adultery, abandonment, imprisonment or inability to consummate the marriage. One spouse has to prove fault, which complicates the process and takes longer. If parties can’t agree about fault, often a judge will have to make the final determination.
No-fault divorce is available in all states and neither spouse has to prove the other is at fault for the end of the marriage. Note that spouses filing a fault divorce are typically not required to live apart for a specific time period before filing. And in some states the recognize fault divorce, establishing fault can result in a larger distribution of marital property or granting of alimony to the not at fault spouse.
Contested vs. Uncontested Divorce
A contested divorce occurs when the parties are not in complete agreement about the terms of the divorce which happens, initially at least, in most divorces. If the couple cannot eventually reach an agreement, the divorce will go to trial. It takes months to prepare for a trial and can take several days scheduled over a period of weeks to get through the trial itself.
An uncontested divorce is one in which the parties are in agreement about:
- Child custody and parenting
- Child support
- Spousal support
- Distribution of assets and debts
When you and your spouse are able to reach an agreement on all the issues in the divorce, it is uncontested and no trial is necessary. Most divorces do eventually settle and do not require a trial.
It is possible to file your divorce with an agreement already in place to move things along quickly, but most cases reach a settlement after some negotiating. Uncontested divorces took about eight months on average, per a recent legal study.
Uncontested divorce can also occur where one spouse files for divorce and the other spouse does not file answer papers or appear in court. When this happens, the case moves forward with just one spouse asking the court for the divorce. If the judge determines what the spouse asks for is equitable, the court simply awards it to them and in some states no hearing is even needed.
Prenuptial and Postnuptial Agreements
A prenuptial agreement is a contract entered into by a couple before they marry, specifying how they will divide their assets and determining spousal support should they ever divorce. A postnuptial agreement determines the same issues, but is entered into after they are married. If a couple has created one of these agreements, it streamlines the divorce process because the issues they have resolved in the prenup or postnup do not need to be litigated.
Factors that Impact Your Timeline
There are a variety of other factors that impact how long your divorce will take.
Problems Serving Your Spouse
One of the first steps in a divorce is serving your spouse with the divorce papers. A process server often delivers documents to your spouse. Some people also try to avoid process servers.
Every state has its own service laws that permit service to be accomplished in a variety of other ways such as by mail, by leaving the documents with someone at the address or by publication in a paper of record. However, having to employ a different type of service can also add some time onto the divorce process.
Complexity of Issues
A divorce that involves assets such as businesses, homes, vehicles and loans and children requires more time than a case with no real estate, no children and very few assets. A case becomes more complex if there are questions about what is considered separate property (assets spouses owned before marriage or received by gift or inheritance during the marriage) and marital assets (assets acquired during the marriage).
Additionally, disputes over child custody, with each parent insisting they should have custody of the children, often require heavy negotiations. If the custody issue goes to trial, expect that process to drag the process out further.
Level of Conflict
You and your spouse are divorcing because you no longer wish to be married, but some marriages are much more volatile than others. If your relationship is high-conflict and you and your spouse are unable to talk through issues, your divorce is going to take longer.
Domestic Violence
If domestic violence is an issue in your family, there may be additional hearings for orders of protection and time spent detailing the violence and any resulting injuries. If violence or abuse involves children, this drastically complicates the custody case, as it may lead to separate cases for abuse or neglect.
Hidden Assets
Divorce involves both parties’ attorneys investigating to ensure all assets are properly disclosed. If a spouse attempts to hide assets, this can increase the time it takes to complete the divorce. A court can also sanction or otherwise punish a spouse who attempts to hide assets.
Court Calendars
As willing as you might be to speed your divorce along, you must wait until your assigned court dates, despite potential backlogs. Additionally, attorneys may have schedule conflicts which can delay things.
How to Speed Up Your Divorce
While you can’t avoid residency requirements, waiting periods and required separations, there are some things you can do to move your divorce along more quickly.
Use Alternative Dispute Resolution (ADR)
Instead of moving full steam ahead towards a trial, choosing to use ADR (such as mediation, collaborative divorce or arbitration) can help you quickly resolve the issues in your divorce.
In mediation, a neutral third-party mediator helps the couple reach solutions for all of the issues involved in their divorce. This can often be accomplished within several weeks or a couple months. An agreement is then filed with the court and is simply approved by the judge and the divorce can be finalized.
Arbitration occurs when a couple hires an arbitrator (usually a retired judge or respected divorce attorney). The case is tried by the arbitrator. The arbitrator can usually move faster than the court system and the parties can agree to dispense with some formalities to move things along. The parties agree that the arbitrator’s decision will become the terms of the divorce.
Try to Work Together
The more things you and your spouse can work out on your own, the more it will help to speed up your divorce. Talk through the issues and offer possible solutions. It can be helpful if your attorney tells you how the court will likely decide the issues in your case. You and your spouse may be able to reach agreement on many things on your own.
To read more about divorce times in different states, read about ohio divorce.
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Frequently Asked Questions (FAQs)
Can I speed up my divorce if I represent myself?
Choosing not to hire an attorney does speed up the process because most people who represent themselves do not understand their rights, how the process works, what forms to file or how court proceedings work.
If your spouse has an attorney, you may find yourself at a disadvantage if you choose to go it alone. While the divorce might conclude more quickly than others, you may inadvertently lose out on many important rights such as access to your children, spousal support, assets and child support.
Which state has the fastest divorce?
Alaska is the only state with no residency requirement and no waiting period. However, you must state that you intend to become a resident.
