How Long Will My Divorce Take? How Long Will My Divorce Take?

Let’s face it, going through a divorce is a stressful life event. The longer the process takes, the more stress you may experience. If you know the marriage is over and done, you likely want the divorce to be over and done as well. That way the two of you and your family can move on and rebuild your lives. Every divorce is very different from another. Many matters can arise that may change the length of time your divorce will take.

How quickly a divorce can occur is dictated by the state where you live. The main considerations in determining how quickly a divorce can happen in your state include the following:

  • Whether or not you meet your state’s minimum residency requirement for divorce
  • Whether or not your state requires you to wait for a certain amount of time before filing for or finalizing a divorce
  • Whether or not your state requires you and your spouse to live at separate residences for a set period before getting divorced

What are separation periods and mandatory waiting periods?

A separation period is different from a mandatory waiting period. It is the amount of time that two married partners must be separated before getting a divorce. In some states, before the divorce can be filed, the separation period must be met. In others, it merely needs to be met before the divorce can be finalized.

A mandatory waiting period is also referred to as a “cooling off period.” It is the period of time that must pass before a divorce can be filed or, depending on the state, before it can be finalized. Not all states require mandatory cooling-off periods, but in those that do, it typically begins either when the divorce is filed or when your spouse is served with divorce papers

In the states that have a mandatory waiting period, it usually ranges from 30-90 days. However, even in states that do not have a mandatory waiting period, it may still take that length of time to finalize a divorce, since the judge’s schedule often controls how quickly your case proceeds. A divorce hearing may be required in your state as well. Even if it isn’t, your case likely has numerous others in front of it waiting to be finalized. In general, courts will administer uncontested divorce cases quickly, particularly when the proper paperwork is filed in a timely manner.

What can speed up my divorce?

Understandably, you want your divorce to be done quickly. The easiest way to hasten the divorce process is for you and your spouse to be in agreement on everything. If you file your divorce petition and your marriage partner does not contest any of the issues, court intervention is not necessary. A consent decree can be drafted and submitted to the court without needing a court’s decision.

Additionally, a divorce can be done quickly if your spouse does not respond to your divorce petition at all. In that instance, you may be able to request that a default divorce decree be entered. This, too, means that there is a no contest situation and very little, if any, court intervention.

To find out more about how long a divorce will take in your unique situation, consult with a qualified divorce attorney in your local area.