how long does it take a divorce lawyer to file a petition for divorce

Full Answer

How long does a spouse have to answer a divorce petition?

Receiving Your Spouse's Answer to the Divorce Complaint The served spouse has to answer within a certain time (usually about three weeks). The answer says whether or not the served spouse agrees with the petition/complaint. If he or she doesn't answer the petition/complaint, the court assumes that he or she agrees to its terms.

How long does it take to get a divorce?

The entire process can take from as little as a few months, to as long as several years. Generally speaking, the more the couple can cooperate and agree to reasonable compromises, the smoother and faster the divorce will go. Successfully Navigate Your Divorce Timeline with an Experienced Attorney

How does a divorce lawyer file a petition or complaint?

The lawyer files the petition or complaint with the court. The lawyer or the court makes sure that the petition/complaint is served on the other spouse, together with a summons that requires that spouse's response. 3.

How long after filing for divorce can I get a hearing?

With children: You must wait 60 days from the date of filing even if the separation requirement is already met. You must wait 60 days after filing for divorce before you can have your divorce hearing. The hearing date is usually mailed to you 2-4 weeks after filing for divorce.

How long does it take to get divorced?

The entire process can take from as little as a few months, to as long as several years. Generally speaking, the more the couple can cooperate and agree to reasonable compromises, the smoother and faster the divorce will go.

How long does it take to answer a divorce complaint?

3. Receiving Your Spouse's Answer to the Divorce Complaint. The served spouse has to answer within a certain time (usually about three weeks). The answer says whether or not the served spouse agrees with the petition/complaint.

How to start off divorce?

To start off the divorce, one of the spouses gets a lawyer, who writes up a petition (also known as a complaint), which is a legal document that says why the spouse wants a divorce and how he or she wants to settle finances, custody, and other issues. 2.

Why does divorce not follow the timeline?

The following chronology gives a general idea of how an average divorce will proceed, although your divorce may not follow the exact timeline below because of specific issues between you and your spouse or because of specific laws in your state.

What happens if a judge approves a divorce?

If the judge approves the agreement, he or she gives the couple a divorce decree that shows what they agreed to. If he or she does not approve it, or if the couple does not reach an agreement, the case will go to trial.

What is the role of the judge in divorce?

At trial, attorneys present evidence and arguments for each side, and the judge decides the unresolved issues, including child custody and visitation, child and spousal support, and property division. Once the judge has reached his or her decision, the judge grants the divorce.

What is a good attorney for divorce?

A knowledgeable divorce attorney can safely guide you through the divorce timeline of events and protect your financial security, often spotting issues before they become real problems. From initial coaching on what documents to bring to your first consultation, all the way through guidance on hearings, trials, and court orders, a divorce attorney will fight for your best interests.

How long does it take to get divorced in California?

Some states also require a legal waiting period before the divorce can be final—typically from 30 to 90 days, but as long as six months in California. (And in a few states, you can’t even file for divorce ...

Why is the divorce process delayed?

In places with crowded court calendars—and at a time when many court budgets have been slashed—the divorce process can be delayed even more because of the time it takes to get hearings and trials scheduled.

What are the issues in divorce?

Our survey confirmed what anyone who’s been through a divorce should know: the more disagreements you have with your spouse about major issues in your divorce, the longer it will take to resolve those disputes (and the more you’ll probably pay in divorce costs ). The most important issues that take time to resolve are: 1 child support and custody, including visitation 2 alimony (also known as spousal support), and 3 dividing your marital property and debts.

What happens when a motion is filed?

Whenever a motion is filed, the other spouse has a certain amount of time to respond. Then the judge may need to schedule a hearing before making a decision. All of this takes time, especially when court calendars are crowded and lawyers have full schedules.

What is the process of finding out your spouse's assets?

The information-gathering process known as divorce discovery is often focused on financial issues, such as obtaining information about your spouse’s income and the value of any assets (especially the family home and pensions or other retirement accounts ), or responding to similar requests from your spouse.

Can you get through a divorce quickly?

Couples who start out by agreeing on these issues—or simply don’t have children or property to fight over—can get through the process relatively quickly, especially if they qualify for a streamlined divorce procedure in their state (often called an “ uncontested divorce ” or “summary dissolution”).

Can you go to trial for divorce?

Even though settlement talks can drag on and on in some cases—especially when at least one spouse is being particularly unreasonable or uncooperative—it generally will take longer to get through your divorce if you go to trial than if you and your spouse can reach a marital settlement agreement.

Disputes And Delays In Colorado Divorces

Generally, delays arise due to disputes and disagreements about key issues such as:

How Does A Divorce Affect Debt

Your divorce does not affect a creditors right to collect a debt. So, if your Final Decree of Divorce orders your spouse to pay a debt that is in both of your names but your spouse doesnt pay it, the creditor can still seek payment from you. Ask a lawyer how to protect yourself in this situation.

Serving Your Spouse With Divorce Papers

Illinois law permits the spouse who is filing to serve the other spouse in five ways.

Are There Separation Requirements In Texas

Texas does not recognize legal separation. However, separation for a period of at least three years is one of the grounds for divorce in Texas. Living separately and apart means living in different residences.

Once Submitted It Can Take A Judge Months To Finalize Your Divorce Paperwork

While obtaining a signature may sound simple, this part of the divorce process is just as complex thanks to local guidelines and issues within the judicial system. “Some municipalities are very backed up right now,” Reischer says. “In these cases, it may take a judge months to sign off on a divorce,” and Saadeh agrees.

What Is The Divorce Process In Wisconsin

The divorce process depends on your situation because you may not need every step, but the framework is as follows: You petition for divorce, serve the other spouse, attend mediation, have the temporary order hearing, figure out property division and child custody/placement , hear the court’s ruling, then go to trial if necessary.

Can Mediation Help To Expedite The Divorce Process

Disagreements about issues in the divorce such as child custody, property division or alimony can delay the divorce process and even lead to a trial in some cases. For this reason, a couple should aim to resolve issues as early on in the divorce process as possible. Mediation can help.

Filing the Divorce Petition

Whether both spouses agree to the divorce or not, before any couple can begin the divorce process, one spouse must file a legal petition asking the court to terminate the marriage.

Asking for Temporary Orders

Courts understand that the waiting period for divorce may not be possible for all couples. For example, if you are a stay-at-home parent that is raising your children and dependent on your spouse for financial support, waiting for 6-months for the judge to finalize your divorce probably seems impossible.

Serve Your Spouse and Wait for a Response

After you file the petition for divorce and request for temporary orders, you need to provide a copy of the paperwork to your spouse and file proof of service with the court. Proof of service is a document that tells the court that you met the statutory requirements for giving a copy of the petition to your spouse.

Negotiate a Settlement

In cases where the parties have differing opinions on important topics, like child custody, support, or property division, both spouses will need to work together to reach an agreement. Sometimes the court will schedule a settlement conference, which is where the parties and their attorneys will meet to discuss the status of the case.

Divorce Trial

Sometimes negotiations fail despite each spouse’s best efforts. If there are still issues that remain unresolved after mediation and other talks, the parties will need to ask the court for help, which means going to trial.

Finalizing the Judgment

Whether you and your spouse negotiated throughout the divorce process, or a judge decided the significant issues for you, the final step of divorce comes when the judge signs the judgment of divorce.

Grounds for Divorce

Divorce grounds are the legal reasons on which you’re basing your request that the court end your marriage. Grounds fall into two categories: fault-based and no-fault. Fault-based grounds are those that require you to prove that your spouse did something wrong, which caused the divorce.

How long does it take to respond to a divorce petition?

After the Respondent has been served with the petition, they must file an answer acknowledging the receipt of a copy of the petition. The Respondent has 20 days and the next following Monday to respond to divorce papers.

How long does it take to get divorced in Texas?

The mandatory waiting period, which lasts 60 days in Texas, starts from the date the Petitioner files for divorce. If the Petitioner has been a victim of domestic violence, they may be able to waive the 60-day waiting period.

Can a divorce be resolved before trial?

The more disputed issues you have, the longer it will take to resolve them and finalize the divorce. If you are pursuing a contested divorce, you and your spouse will participate in discovery to exchange evidence and documents. Going to trial would extend the length of your divorce, but most divorce cases are resolved before trial.

What information is needed for a divorce petition?

The Petition for Divorce is the first document you file in a divorce proceeding, and it must include specific identifying information such as each spouse’s full name and each child’s full name and date of birth. The spouse who is filing for divorce is listed as either the “plaintiff” or the “petitioner,” while the other spouse is ...

What should be on the top of a divorce petition?

At the top of your divorce petition, you'll include the state and county (or other type of jurisdiction, such as a parish) where you are filing your case. There should also be a space for a case number, which is usually a number or number/letter combination that indicates where your case is located in court records and sometimes also indicates ...

What are the fault grounds for divorce?

Depending on your state, fault grounds may include any of the following: adultery. abandonment. commission of a felony or long-term imprisonment. habitual drunkenness or drug use. impotence preventing consummation of the marriage. severe mental illness. cruelty.

Can you get custody of a minor child from a previous marriage?

If you have a child from a previous marriage, however, that child’s custody is likely already determined and won’t be an issue in the present divorce case.

Can you get divorced on no fault grounds?

All states allow some form of no-fault divorce, and many states only allow you to divorce under no-fault grounds. If you're filing for divorce on no-fault grounds, you’ll state this in the body of your divorce petition.

Can a judge determine if a divorce is a financial issue?

Judges can determine a number of financial issues in a divorce, and you’ll need to lay the groundwork for that in your divorce petition. You won’t have to get too specific at this early stage, but you should state how you want the court to divide property. You can simply ask for a fair division of all marital property.

Do you need to include child custody in a petition?

Depending on your state, you may also need to include your request for child custody in your petition—for example, whether you’re asking the court to grant you full custody, joint custody, or primary or secondary custody of the children at issue. Your petition should also state whether you're asking for child support.