lawyer filing for divorce how long does it take

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

Full Answer

How long does it take to get a divorce?

For the readers in our survey who didn’t have any contested issues, it took just under eight months to complete a divorce. Even without disputes to work out, the divorce timeline involves preparing and filing a certain amount of paperwork.

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 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 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 through a divorce?

In our survey, it took an average of 18 months to resolve one or more issues by going to trial, compared to 13 months when the couples settled their disputes.

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 ...

What Can You Do to Speed Up the Divorce Process?

The upshot of our survey is that if you want to get through your divorce as quickly as possible, you should try to be reasonable when working out a settlement that will be fair for both you and your spouse —rather than holding out for unreasonable results. An experienced family lawyer can help you understand what a reasonable settlement would be.

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.

Why is there such a big variation in length of the divorce process?

Why such a big variation in length of the process? As our survey results showed, two factors make the biggest difference: the number of contested issues in your divorce and whether you can settle those disputes relatively quickly—or have to get a judge resolve them for you in a trial.

Why is divorce taking so long?

Of course, your divorce may be taking a long time due to factors outside of your control, including your spouse’s combative attitude or delaying tactics. When that’s the case, it’s especially important to find a lawyer who can protect your interests. As our survey also revealed, the more contested issues in a divorce, the more likely it was that readers hired divorce lawyers.

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.

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 in Texas?

But, even if everything goes glass smooth, legally in Texas, a judge cannot finalize a divorce until 61 days after the divorce was filed.

What is a DWI in divorce?

A DWI or an act that questions the character or actions of a party, may force the divorce process to lengthen and be a more difficult fight for the person being accused of or guilty of these actions.

What is a clear fault divorce?

There are clear fault divorce terms like adultery, being mentally unstable, in prison for a year or more, abandonment, or even unusually cruel treatment. These are arguably easier to see for a third-party observer to see.

What is the most time consuming dispute to settle?

Alimony is a dispute that can take some of the most time to settle, particularly if the couple is not on good terms and one party has a high net value, with the other making minimal money or even being a stay-at-home wife or husband.

What happens when you receive an answer document?

Once the Answer document is received, both parties can then go on and schedule a meeting with a mediator. But, there is one more obstacle in the initial filing.

Should you file offense first?

It is recommended that you try to go on the offense here and file first. This can give you the upper hand and allow you to start dictating the initial terms and timeline. But, how does that affect the timeline?

Can a spouse serve divorce papers?

In situations like these, it really can be as simple as working together on the initial paperwork, with one spouse waiving the right to be personally served the divorce papers and coming to an agreement at the mediation.

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.

What is the Divorce Timeline in Texas?

It is easier to estimate how long it will take to get a divorce if you understand the timeline of a typical divorce in Texas.

What Factors Affect the Length of a Texas Divorce?

If you are still wondering, “How long does it take to get a divorce in Texas?” the right answer would be: A divorce can take from three months to over a year depending on the following factors:

What is the process of filing a divorce petition?

Once you are ready to initiate the divorce proceedings, your attorney will help you prepare and file a Petition for Divorce. Filing the petition is what formally triggers the divorce process. The petition must be filed with the appropriate court. Whoever files the petition is called “the Petitioner,” while the other spouse is called “the Respondent.”

How long do you have to live in Texas to file for divorce?

Under Texas Family Code § 6.301, you can file a Petition for Divorce if you have lived in Texas for at least six months. You must also live in the county where you are filing for divorce for the previous 90 days.

Can you speed up divorce in Texas?

You can speed up your divorce case in Texas if you and your soon-to-be-ex-spouse agree on all aspects of the divorce, including:

How long does it take to get divorced?

The actual length of time that it takes when both parties agree on all issues varies by state. Some states have waiting periods of up to six months from the time paperwork is filed until the time a divorce can be finalized. Other states can finalize a divorce in as little as two months from start to finish.

How Long After a Divorce Does it Take to Get a Divorce Decree?

After a judge signs an order, the divorce is not finalized until the court clerk enters the divorce judgment into court records.Document s are date stamped and copies are mailed to both parties.

What is the stumbling block for uncontested divorces?

The one stumbling block for uncontested divorces is making sure that you meet the state’s residency requirement.

What are the most contentious issues in divorce?

Child custody, child support and alimony issues. These are the most contentious of all divorce issues and are often the cause of the most fights among divorcing couples. If you can work out a reasonable parenting plan by agreement, you will have resolved a major stumbling block.

Why do uncontested divorces take so long?

Uncontested divorces take much less time because there is no trial.

How to get divorce as quickly as possible?

If you want to get a divorce as quickly as possible then the best way to do this is to agree on all issues beforehand.An uncontested divorce is the most simple and direct route to go and will save both time and money.

Why is there less sticking points in divorce?

Fewer sticking points means a divorce can move along quickly. It also increases the likelihood of being able to use mediation as a means of resolving disputed issues, avoiding an expensive and lengthy trial process.

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 a divorce judgment?

Even though states have done away with this waiting period after a trial, it could still take several months for you to receive your divorce judgment due to the high volume of divorce filings and limited staff in some areas. For example, if you live in a small town, you'll probably have your judgment back within a week or so. But if you live in large, urban city with a high divorce rate, it could several weeks to several months to get your judgment.

How long does it take for a court order to be signed?

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.

What Is a Final Judgment of Divorce?

The Final Judgement of Divorce is the written court order that formally dissolves the marriage. It will also contain the terms of the judge's ruling after a trial on all the aspects of the divorce, such as child custody, child support, alimony, and division of property. (If the couple settled some or all of these issues, their settlement terms are included in the judgment after trial.)

How long does it take for a judgment to be sorted out?

It can often be several weeks before everything is sorted out.

How long does it take for a spouse to file for divorce?

An uncontested divorce happens when once a spouse files for divorce and the other spouse fails to respond within 42 days. At that point, the judge will grant the divorce to the spouse who filed.

How Long Does a Divorce Take?

One of the first questions that a client who is contemplating a divorce asks an attorney is, “How long does a divorce take?”

How to file for an uncontested divorce?

The basic steps for filing for an uncontested divorce are: Filling a petition At least one spouse must file a petition with the court seeking a divorce or dissolution of marriage. Time requirements State law specifies the amount of time the other spouse has to respond to the petition if it is not a joint petition.

What is the second section of the divorce?

The second section sets forth the allegations for the divorce such as marital misconduct or other grounds according to state law. It also argues why the petitioning party should be granted certain relief such as custody, child support, alimony, and certain property.

How is the length of a divorce determined?

The length of the divorce process will be determined by how quickly the parties move through each step in the divorce process, the laws of that particular state, and how quickly the case can move through the court system.

What happens when you argue over a contested divorce?

In a contested divorce where the parties are arguing over issues such as grounds for divorce, child custody, child support, alimony, property division, and other issues, the length of time to complete the divorce process substantially increases.

What determines how long a divorce takes?

The main factor that determines how long a divorce takes is the parties themselves.

How long does a divorce take?

In some cases, it becomes clear that one or both spouses are trying to “punish” the other in family court. When spouses use the divorce process for “payback,” then the divorce is likely to drag on for a year or more.

How long does it take to serve divorce papers?

Afterward, the spouse who is served with divorce papers has 30 days to answer and to counterclaim. If the other spouse asserts a counterclaim, then the spouse who started ...

How long does an uncontested divorce last in South Carolina?

These divorces can easily last a year and sometimes more.

What is an uncontested divorce?

Uncontested Divorce – If the divorcing couple can agree on everything such as custody, child support, and splitting their property and finances, then the divorce is “uncontested.”. Typically, uncontested divorces are based on the ground of one year’s separation.

How to file for divorce in South Carolina?

In South Carolina, a divorce begins with the filing of a summons and complaint for divorce. After that paperwork is submitted to the clerk of family court, ...

How long does it take to get divorced?

Generally, it takes more time to schedule a day or more of trial in a contested case than it takes to schedule an uncontested divorce that takes 15 to 30 minutes in court.

How long does it take to get a discovery in a divorce?

If the party doesn’t respond, then the requesting party must file a motion to compel discovery which takes time to schedule with the court. Also, discovery can be obtained from non-parties by using subpoenas. Overall, discovery can take months to complete.