Uncontested Divorce

How Long Does A Divorce Take?


How Long Does A Divorce Take?

Answer: At least Six Months

There is no direct answer.  How long a divorce will take depends on a number of factors.  Those factors include the following:

  • Contested Divorce vs. Uncontested Divorce: A contested divorce will take a lot longer than an uncontested divorce. This is because if you have a contested divorce, you have to work out the details of the divorce before you can get a court to divorce you.
  • State the Divorce Occurs In: The time it takes to get a divorce differs from State to State.  For example, it can take six months to a year to get a divorce in New York State once your documents are filed. California has a 6 month waiting period. 
  • Children:  If you have children, a divorce might take longer. This is because you have to arrive at custody and child support arrangements.

This list is not exhaustive.  How long a divorce takes really depends on a number of factors that are not the same in every case.  Needless to say, Divorce is not an overnight process.  It will take time.  Even if both parties are in agreement, if can take some times to get the papers filed and for the Court to then review the papers. If there are errors in any of the papers filed, that might slow the process down.

Check out these Divorce Information Resources:

Divorce Basics 

How Long Does a New York Divorce Take?

Suggested topics:

Uncontested Divorce

 

un·con·test·ed
di·vorce
pronounciation:
no outstanding issues/
noun
1. a divorce in which both parties agree on the grounds for divorce and there are no disagreements as to any issues, including finances, assets, child custody & child support.
verb
1. legally dissolve one’s marriage with (someone) without issue or by default.

 

A divorce is only uncontested if there are no outstanding issues.  None.

In order to be an uncontested divorce the parties must agree about:

  • Grounds: The parties must agree on the reason for the divorce (irretrievable breakdown, abandonment, etc).
  • Property: The parties must agree on how marital property (including bank accounts, real estate & businesses) will be split. The must be in agreement as to how retirement assets and other such property should be dealt with.
  • Maintenance/Alimony: The parties must agree whether there will be maintenance or alimony and if so, the amounts and length of time such is to be paid.
  • Child Support: If there are children, the amount to be paid in child support must not in dispute.
  • Child Custody: There should be an agreement as to whether there is joint custody and/or a certain party is the custodial parent.  A visitation and parenting plan should be created and agreed upon.

If the parties disagree about anything, then they have a contested divorce

Click about to learn more about contested divorces.

 judgment of divorce =

agreement/judgment as to grounds + agreement/judgment as to assets + agreement/judgment as to all other issues including child support & child custody

uncontested divorces are much cheaper than contested divorces!

uncontested divorces are much quicker than contested divorces!