Process Timeline for Getting a Divorce
You and your spouse may be at an impasse and are considering divorce, but you do not want to spend years in court. That’s the case for many couples who separated or divorced because of the pandemic. And now many of these people are looking for a time line for divorce.
When it comes to ending a marriage, there is no cookie-cutter solution that works for everyone. Divorces are unique to each couple. The assets are varied. There are some families with children in some couples. Some divorces involve very few investments, while others include millions.
On average, divorces take a long time to finalize. The wait time is likely to be several months. Divorces that end up in court typically take around a year to resolve. You did pretty well if you could get a divorce in under six months. Divorces can take years, but in some cases, it only takes a few months because of how amicable they are. Some others can drag on for a decade or more.
The nature of the issues and the parties involved must be considered. If you and your spouse can agree in most cases, you may be able to divorce amicably. If your spouse is hostile and determined to make your life a living hell, the divorce process could drag on for a long time.
Divorce is a stressful time in which many problems can arise. Child custody, visitation, child support, property division, and alimony are some issues that you and your spouse may disagree on. There could be a property you want, but your spouse is unwilling to give up. Your ex-spouse may demand alimony payments from you, even though you’ll likely be having trouble making ends meet as it is. Sometimes, the other parent will want sole custody of the kids and will fight you tooth and nail to keep you from having any custody.
How to Speed Up the Process
Your divorce can be finalized more quickly if you stay out of court. Going to court to settle a dispute is a surefire way to add extra time to the process. As a result, you should try to avoid going this route if at all possible because of the price tag attached to it. I’ll give you a few options to consider.
- Think about divorce mediation or collaborative law. One can get divorced without resorting to nasty tactics. You and your partner will both benefit more if you can cooperate than if you continue to argue with each other. The terms of your divorce are up to you and your spouse to work out, and you should be able to come to terms with which you can both be happy. Since the judge does not know either of you, their decisions are unlikely to be in line with your desires, and you will both be dissatisfied if you allow the judge to make significant decisions in your case.
- Make some limits. If being around your partner makes you feel particularly emotional, you should spend some time apart. If your loved ones are not supportive of your divorce or are giving you bad advice, you may need to isolate yourself. Maintain positive, encouraging relationships with only those who have your back.
- Don’t fight every battle. Don’t get worked up over anything. Divorce proceedings could take years if the couple refuses to compromise on even the most minor issues. Pay attention to the things that are crucial to you.
A Divorce Has Several Steps
Due to their complexity, divorces take a long time to resolve. Numerous divorces take years to determine because of the many steps involved (up to ten in some cases).
A typical divorce proceeding consists of the following steps. Divorce, as you can see, is just the beginning of the process.
You’ve chosen to separate from your spouse. It’s time to talk about your legal situation with your attorney.
So, you’re a document and data collector. Pay stubs, bank statements, mortgage statements, deeds to homes, credit card bills, and vehicle titles are all documents your attorney will need to verify your assets and debts.
You go through with a divorce filing. Service of process is required when seeking a divorce.
An answer comes from the other partner. A response to the petition must be submitted within 20 days after the spouse was served with it.
The court may order mediation as part of the case. The court may mandate mediation to settle all disputed issues as a preliminary matter.
The time of discovery has begun. Each partner may request the other to verify their financial information and assets.
If the case isn’t settled, it will go to trial. It is recommended that the parties attempt to negotiate a settlement on their own. Otherwise, legal action must be taken.
A ruling has been rendered, and the court has issued a final decree.
After hearing from both sides’ attorneys and other relevant witnesses, the judge will issue a final judgment (the divorce decree).
The couple can file an appeal if they so choose. They can file an appeal and have the case heard by a different court if the spouses don’t agree with any of the decisions.
Consult a Lawyer
Divorces are never, ever the same. Your divorce might be finalized in a year or take twice as long. There are many moving parts, and if you and your partner have disagreements at any point, it will undoubtedly slow things down.