The Divorce Time Frame Explained
Divorces are some of the most challenging events in a person's life. You risk losing your family and sometimes even property. The sooner the process is completed, the better. Divorces typically take about a year to settle. Unfortunately, that is only sometimes the case, as children, assets, and debts may complicate the procedure, thereby increasing settling time.
Navigating all of these complicated aspects can take a toll on a person. That is why seeking legal help from an expert, such as Allen Russell, can be a step in the right direction. These professionals know the ins and outs of family law. They help you make the right decisions and let you focus on your mental and emotional well-being.
Factors Affecting the Length of a Divorce
Here are some of the factors that will impact the timeframe of your divorce:
State Requirements
State laws and requirements will generally increase the time it takes to complete the divorce process.
- Residency: Most states require you to be a resident in that state before you can file for divorce. Failure to meet this requirement might force you to wait until you are eligible for a divorce in that state. This rule was established to prevent people from hopping from one state to another to find favorable divorce laws.
- Waiting period: This is a period of about 30 to 90 days, depending on the state, allocated to couples to ascertain the divorce. Therefore, the divorce time frame could be extended if your state has such a requirement.
- A mandatory separation period: This is a period when a couple must live separately before the divorce is finalized. Most states do not have this requirement, but those that do have a mandatory separation period of about six months.
Contested and Uncontested Divorce
An uncontested divorce is generally faster since both parties agree on asset and debt distribution, child custody, parenting, and support. These are the most common areas of conflict that lengthen the divorce period.
Uncontested divorces will typically take eight months to complete. If one party does not respond to the serving and does not show up in court, the judge may award the other party without a hearing.
On the other hand, a contested divorce is where the couple disagrees on the mentioned aspects. You must go to court if you and your spouse cannot agree on issues like asset and debt distribution, child custody, parenting, and support. Doing this will extend the divorce process.
Fault and No-Fault Divorce
A no-fault is one where both couples agree that neither party is responsible for the end of their marriage. Such divorces will naturally take a shorter time as there is no mandatory separation period.
In contrast, a fault divorce is one where one spouse is responsible for the marriage termination. This could be due to adultery, imprisonment, or abandonment. Because one couple has to prove the blame, these cases last longer.
Other Factors That Lengthen the Divorce Timeline
- Domestic violence: This will often require additional hearings and could complicate custodianship if children are affected.
- Conflict: The divorce period will certainly extend if you and your spouse are on bad terms and cannot communicate.
- Court calendars: Your divorce might be delayed by the allocated court dates. Sometimes, the assigned date might be further away, slowing things down.
- Hidden assets: Divorces require transparency, especially on assets. If one of the parties attempts to hide assets, this could increase the time to complete a divorce.
How to Smoothen the Divorce Process
Divorces are already stressful as it is. Two ways to help speed up proceedings are by using Alternative Dispute Resolution (ADR) or by simply working together. Using Alternative Dispute Resolution methods such as mediation, collaborative divorce, and arbitration could save the time required to handle any issues. A neutral third party will help you agree faster than the court system.
End Note
In the end, working together allows you to resolve issues with your spouse without court intervention, significantly reducing the time for divorce hearings. However, if complications arise, it is advised to seek legal help.