how long does it take a lawyer to file divorce papers

Full Answer

How long does it take to get a divorce?

Depending on your state, your divorce could take from one to several months. If your divorce is contested, your divorce could take a lot longer. A contested divorce, where at least one major issue cannot be resolved, will often involve a trial on any unresolved issues.

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 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 file for a no-fault divorce?

30-60 days (assuming the 365-day separation requirement has been met) The grounds for no-fault divorce require the spouses to be separated for a year before the divorce can be finalized. The separation period can begin before the divorce is filed.

How long does it take to get divorced?

How long getting divorced takes will depend on what the waiting period is in your state. Some states don't have waiting periods, while others do: California has a six-month period. Tennessee has a 90-day period when there are children and a 60-day period without children. In some states, you can't even file for divorce unless you've been separated ...

Why does my divorce take so long?

If your family or matrimonial court has a backlog of cases , your divorce will take longer. Your case has to get on the court calendar before a judge can grant your divorce. If your county has a large population, it is likely the court has a long list of cases ahead of yours. A backlog adds additional time to your divorce.

Why do you have to file a fault based divorce?

If you're trying to slow down the divorce process, filing a fault-based divorce does that because you have to prove grounds for divorce at a hearing or trial. Your spouse could file a fault-based divorce in an attempt to stop the divorce.

What happens if you find your spouse for service of divorce papers?

If your divorce is contested—where you and your spouse cannot resolve major issues, making a trial likely .

Why does an uncontested divorce take less time?

An uncontested divorce take less time because there is no trial. You and your spouse sign the required papers, including a marital settlement agreement. This allows your case to move quickly through the court. The judge merely needs to look at your papers, make sure they're in order, and then grant the divorce.

What is a no fault divorce?

A no-fault divorce is where no one takes the blame for breaking up the marriage. Some states also allow you to file a divorce based on fault. That means you can claim adultery, cruel and inhuman treatment, or other grounds for divorce.

Can you serve divorce papers on your spouse?

Serving Divorce Papers on Your Spouse. If your spouse avoids getting served with divorce papers, your divorce will take longer. Sometimes spouses play games when it comes to getting served with papers. If this happens, get a process server.

Howard M Lewis

Yes, in most cases unless it is a divorce by publication of some sort and you are no longer a resident of the state or this country you will most likely have to go to court.

John Noah Kitta

Assuming that you and your spouse have reached an agreement concerning all issues, in the normal course of time, the attorney would probably file all necessary documents within about seven days. In emergency situations, it could be completed more quickly.

Michael Charles Schwerin

How long it takes to complete the papers varies depending on the length of your marriage, the assets, the issues, children or not children etc. In California, if the other side defaults or if you have an agreement, it is possible you will never see the inside of a courtroom. It can all be done on paper.

How Fast Can You Get A Divorce?

In theory, a couple can get divorce in a matter of days, but in practice, it usually takes at least three months for a divorce to be finalized.

How Long Does It Take To File Divorce Papers?

Filing divorce papers is a process that does not require much time. The amount of time it takes largely depends on whether you have a lawyer and how long they take to prepare your papers.

Contested vs. Uncontested

A contested divorce case is one in which you and your spouse do not agree on some material provision of your divorce, such as:

How Long Does A Joint Divorce Take?

A joint divorce is one in which the court allows you and your spouse to request the divorce together. Because you and your spouse agree on everything and prepare your own divorce settlement before filing for divorce, this can greatly speed up the process.

How Long Does It Take To Get A Divorce Settlement?

This largely depends on how much time you and your spouse take to reach an agreement.

Can I Get Divorced In A Different State?

You must generally get divorced in the state where you or your spouse is a resident. This will usually be the state where you and your spouse currently live unless you have recently moved.

About the Author: Valerie Keene, J.D

Valerie Keene graduated magna cum laude from the University of Arkansas School of Law, was a finalist in the 2014 National Moot Court Competition, and participated in the Arkansas Law Review. She is a licensed attorney who primarily practices family law and estate planning.

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 divorce papers?

Filing the divorce papers is the easy part. After you file, there are many small details that need to happen. In the simplest of cases, it can a month or longer for the state to recognize your divorce. When there are complexities like child custody, the process can take over a year.

How long do you have to wait to get divorced?

Only certain states have waiting periods, and the wait time varies. Usually, the wait is between 30 and 90 days. Until that time is up, you cannot get a judge to sign off on your divorce.

How many married couples go through divorce?

About 40 to 50% of married couples in the US go through a divorce. Many of those couples have contested divorces, which can require court appearances and negotiations. You need to sort out all of the details before your divorce is complete.

What is an uncontested divorce?

Uncontested divorces are divorces in which the spouses have been able to come to an agreement about the issues that will make up the conditions of the divorce judgment. These are comprised of:

Is it important to hire an uncontested divorce attorney?

Regardless of the choice you make, it’s important you make the best choice for you when hiring an uncontested divorce attorney. Remember: The decisions you make now can affect your future. Ultimately, choosing the best lawyer will depend on which lawyer feels best for you and your situation.

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.

Henry S. Gornbein

Once you file for divorce the papers can be served within a day or so, unless someone is trying to evade service and avoid being served. In that situation it could take longer. Good luck to you. Henry Gornbein

Christine Marie Heckler

You are responsible for getting the divorce papers served on the Defendant. You may have it served by certified mail with restricted delivery and a return receipt or you can have the Defendant personally served by an adult non-party such as a professional process server.