How Long Does It Take To Get Divorced

How long it takes you to go through the divorce process will depend on a number of things. In some cases, and in some states, your divorce could be finalized in as little as two or three months. But if you have several issues to hash out, and your divorce is contentious, it could take several years.

A survey by Nolo.com found that the average time it took to complete a divorce from filing a petition to getting a final court judgment averaged about 11 months.

Cases that went to trial took an average of almost 18 months to resolve.

On the other hand, couples who were able to settle issues on their own averaged 9 months to finalize their divorce.

Here are some of the factors that play a role in just how long your divorce may take:

What state you live in.

Some states have what is known as a “cooling off” period, while others do not.

For example, in California, there is a six-month cooling-off period, which is the longest of any state in the nation. In Pennsylvania, it’s 90 days. Idaho’s cooling-off period is 20 days, but if children are involved, it could be as much as 90 days.

States with no cooling-off period include Georgia, Montana, New Jersey, New Hampshire and others.

Keep in mind that the cooling off period is the quickest that you can get divorced. It could take longer if you’re not able to reach an agreement.

What type of divorce you choose.

There are several divorce process options. The primary divorce options are litigation, mediation, and collaborative divorce.

Mediation and collaborative divorce are types of alternative dispute resolution methods. It’s called this because they are ‘alternatives’ to litigation, which is the default.

In mediation and collaborative divorce, the objective is to reach a global settlement agreement on all issues without ever stepping foot in a courthouse.

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

If you and your spouse can agree on all the major points and reach a settlement agreement, then your case will move quickly through the legal process.

This also holds true when you file for a no-fault divorce as well. A judge will only need to take a quick review of your divorce paperwork to make sure everything is in order, and then you should be granted a divorce.

This could take anywhere from several weeks to several months and is dependent in part on how backed up your local court system is.

In a contested divorce, you will need help resolving major issues such as custody, alimony, child support, and property division. If you’re not able to reach agreement after mandatory settlement conferences, then you may have to go to trial. Often times, a contested divorce will take at least a year to finalize.

I’ve had clients which took up to seven years from start to finish (not a record you want to shoot for!).

How complex is your divorce.

For people who have not been married very long and have few assets, there are fewer issues to be negotiated.

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.

If you have been married for some time, and/or you have a lot of assets including one or more homes, ownership interests in one or more businesses, and considerable financial holdings in savings, 401k, or stocks, then determining who gets what will take much more work.

In some cases, a spouse may attempt to hide assets from the other one, and this can prompt legal actions that could add months or years to a divorce action.

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.

In many states, child support and alimony are often pre-determined, but can still be a flash point among couples.

However, you can significantly reduce the timeline of your divorce if you can work these items out in advance.