how long should 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 for a court document to be filed?

Once the document is fully vetted and approved by everyone, it's submitted to the court for the judge's review and signature. This can normally take anywhere from a couple of days, to a few weeks or even longer, depending on how crowded the court's calendars are. Once the judge signs it, it's filed with the court clerk's office.

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 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.

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?

Marital tensions can also cause problems, and even the most amicable of splits will take time. "An uncontested divorce can take as little as four to five weeks, and as long as a year.".

How much does a divorce cost?

Divorces are expensive. From retainers and lawyer fees to mediation, arbitration, and processing fees, the average divorce costs around $7,500, though that of course increases if both parties use an attorney (the average legal fee is roughly $11,300 per spouse, according to The Institute for Divorce Financial Analysts).

How does an arbitrator work in divorce?

The arbitrator is acting essentially as the judge, so the arbitrator will make decisions that will be binding as if they were in court and an actual judge decided their case. ". That said, how long mediation, arbitration, and your divorce will take is largely dependent on you and your spouse.

What are the factors that affect the duration of a divorce?

Legislation aside, several other factors affect the duration of your divorce. "Custody battles, child support disputes, spousal support disputes, and/or the division of property or debt will all make a divorce proceeding significantly longer," Reischer says.

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 Are Divorce Papers?

Before a divorce proceeding can be formally initiated, the parties need to file and respond to divorce papers. Broadly speaking, divorce papers are those forms and documents that one party uses to inform the other that they wish to have a divorce. These papers must be delivered or “served” to the recipient party.

Issues to Consider When Filing Divorce Papers

One of the main issues to consider when filing divorce papers is whether or not both parties are located in the same state. If the parties reside in the same state, and if the divorce is occurring in the same state that the marriage occurred, then the divorce hearing should be relatively straightforward.

Should I Hire a Lawyer When Filing Divorce Papers?

Filing for divorce generally requires the assistance of a divorce lawyer. You may wish to hire a lawyer if you need assistance with divorce proceedings. Your attorney can help you obtain and file the divorce papers in a timely manner. Also, if you come across any legal disputes, your attorney can help represent your interests during the process.