How Long Does A Divorce Take?

Divorce is the second most stressful event a person can go through, according to the Life Change Index Scale. A recent lawyers in bangalore for divorce legal study found that most divorces take about a year to complete, but your case may take more or less time, depending on your situation.

Divorce can be complicated if you have children, a lot of assets and debts or cannot easily reach agreements with your spouse. This guide explains how long you can expect a divorce to take and the factors that impact the length of time needed.

How long does it take to get a divorce?
Most divorces take about a year, but your divorce may be faster if it is uncontested or you and your spouse are able to reach an agreement quickly.

State Requirements that Delay Divorce
State laws impose requirements that can impact how long it takes to complete a divorce.

Residency Requirements
Before you can even consider how long it will take to get a divorce, you must first determine if you are even eligible to file for divorce in the state you are living in. Most states (except for Alaska, South Carolina and Washington) require you to be a resident for a certain period of time (often three to six months) before you can file for divorce in that state. The purpose of these laws is to prevent people from shopping around for the state with the most favorable laws.

If you do not yet meet your state’s residency requirements, you will have to wait until you do, or consider filing in another state where you meet the requirements.

Waiting Period or Cooling Off Period
Many states impose a waiting or cooling off period that requires the parties to wait a certain period of time (usually 30 to 90 days) to ensure they really want a divorce before moving forward. Several states even have no waiting period at all, but they are the minority.

Mandatory Separation Period
Some states impose a mandatory separation period, which is different from a waiting period. It is a period of time (usually at least six months) during which a couple must live separately before their divorce can be finalized. Not every state requires this, but those that do typically have fault-based divorces (where one spouse is blamed for the divorce).

Fault vs. No-Fault Divorce
Whether your divorce is based on fault or is no-fault dramatically impacts how long the process will take. A fault divorce is one in which one spouse formally blames the other for the divorce. Reasons (also called grounds for divorce) could include adultery, abandonment, imprisonment or inability to consummate the marriage. One spouse has to prove fault, which complicates the process and takes longer. If parties can’t agree about fault, often a judge will have to make the final determination.

No-fault divorce is available in all states and neither spouse has to prove the other is at fault for the end of the marriage. Note that spouses filing a fault divorce are typically not required to live apart for a specific time period before filing. And in some states the recognize fault divorce, establishing fault can result in a larger distribution of marital property or granting of alimony to the not at fault spouse.

Contested vs. Uncontested Divorce
A contested divorce occurs when the parties are not in complete agreement about the terms of the divorce which happens, initially at least, in most divorces. If the couple cannot eventually reach an agreement, the divorce will go to trial. It takes months to prepare for a trial and can take several days scheduled over a period of weeks to get through the trial itself.

An uncontested divorce is one in which the parties are in agreement about:

Child custody and parenting
Child support
Spousal support
Distribution of assets and debts

When you and your spouse are able to reach an agreement on all the issues in the divorce, it is uncontested and no trial is necessary. Most divorces do eventually settle and do not require a trial.

It is possible to file your divorce with an agreement already in place to move things along quickly, but most cases reach a settlement after some negotiating. Uncontested divorces took about eight months on average, per a recent legal study.

Uncontested divorce can also occur where one spouse files for divorce and the other spouse does not file answer papers or appear in court. When this happens, the case moves forward with just one spouse asking the court for the divorce. If the judge determines what the spouse asks for is equitable, the court simply awards it to them and in some states no hearing is even needed.