Once you have made the difficult decision to file for divorce, you may be wondering how long it will take for your divorce to be completed and finalized. On average, divorces take nearly a year from start to completion, but there are various factors that may affect whether your divorce will be finalized sooner or later. Learning what the various factors are that can affect the length of time it takes for your divorce to be finalized can give you a bit of an idea as to how long your divorce may take. Here are a few of the factors that affect how long it takes for a divorce to be finalized.
Residency Waiting Period
It is not uncommon for one or both parties to move once they have agreed to separate and file for divorce. Many people move back to their hometown where they have the support and love of family and friends. However, if you are moving out of state, you need to be aware that you can impact your divorce. Many states have a residency waiting period. This means you must live within the state for a period of time before you are deemed a resident and can file a divorce case within the state. In some states, the residency waiting period can be as short as a month, while in other states, it can be as long as six months.
The State in Which You Reside
Another factor that can affect how long it takes for a divorce to be finalized is the state in which you reside and are filing for divorce in. Some states have waiting periods or cooling-off periods. This means that you may need to be separated for a period of time before you can file divorce, or the divorce may not be allowed to be finalized until a period of time has passed. In some states, there may be no waiting period, while in other states, you may need to be separated or may need to wait as long as six months from the date you file until the date the divorce has been finalized. Waiting periods or cooling-off periods are designed to ensure that both parties want the divorce and are positive that they want the divorce.
Whether the Divorce is Contested or Uncontested
Whether a divorce is contested or uncontested can have a major effect on the length of time a divorce takes. A non-contested divorce means that both parties want or agree to get divorced. A contested divorce means that one party may not want the divorce or may be fighting for assets in the divorce. Mediation is on the rise with divorce cases as it helps both parties get on the same page when it comes to divorce and helps both parties file an uncontested divorce, which ultimately speeds up the divorce process.
If You Know Where the Other Party Is
One of the lesser-known factors that can affect a divorce is whether you know where the other party is or not. Some people have been separated for so long that they lose track of where their spouse is. If you do not know where your spouse is, you have to take the time to try to locate them, which can slow down a divorce. You may also have to prove to the courts that you made an effort to locate the other party by using social media, placing ads in newspaper or posting notices on community boards. Divorces where the location of one party is unknown tend to take longer than divorces where the location of both parties is known.
The Specific Factors That Affect the Divorce
The specific factors that affect the divorce can also play a role in the length of time a divorce takes. Divorces where there are a lot of assets take longer than divorces where there are not a lot of assets to divide. Divorces when children are involved tend to take longer to settle than divorces with no children involved. If a house must be sold during the course of a divorce, that can also slow down the process. The more factors that need to be addressed during a divorce can lengthen the process of finalizing a divorce.
Delays at the Courthouse
The final factor that can affect how long your divorce takes to be finalized is the specific courthouse you are filing at. Some courthouses can schedule a hearing within the same month, while other courthouses have backlogs, and it can take months to schedule a hearing. Some courthouses can have a divorce signed by the judge and input into the system the same day, while other courthouses may take up to a month to enter the decree into their system. Local delays at courthouses can affect how long your divorce takes.
If you have a simple, straightforward divorce where both parties agree to the divorce and there are no assets or children involved, you may be able to handle the divorce on your own. On the other hand, if you have a complex divorce, selecting an excellent attorney who can help with your divorce can be invaluable. A divorce can help answer any questions you have and guide the process, helping you to finalize your divorce in a timely manner.
