How Long Does a Divorce Take?

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How Long Does a Divorce Take? Given recent delays in the courts, the suggestions point to an upsurge of over 1 million divorces in the U.S. in the coming year. It could be even more given the residual effects of the Covid-19 pandemic and the negative impacts it may have had on some marriages; namely, lockdowns made many couples re-evaluate their relationships. While it strengthened some, it has broken others. Therefore, around 2 million citizens will be asking “how long is my divorce going to take?”. To get an indication, you need to look at the processes involved. Looking for information on a California prenuptial agreement or California divorce?The Divorce The processes involved depend on the state in which you divorce and may be complicated further if any contention arises. Depending on the reason for a divorce, the proceedings differ. A mutual and contentious divorce are broadly similar but in a disputed divorce many aspects must be clarified in advance such as spousal support, child custody, child support, distribution of property and division of debt. In an uncontested divorce these are generally agreed beforehand and shorten the process considerably. Fortunately, the process has shortened regardless; namely, spouses were once required to show their reason(s) for divorcing by assigning fault to one of the parties. Fault would usually fall within the spheres of adultery, abandonment, or imprisonment. However, every state now allows no-fault divorces. These fall under the broad category of irreconcilable differences. Regardless, when dividing up marital property and debts, evaluating child custody, and determining child and spousal supports, behaviour is a factor a court will usually take into consideration. Similarly, some states require a period of separation prior to divorce (some also require therapy). When looking at the length involved in the divorce process, the community or equitable distribution of property is a factor. We discussed this in our companion article on divorce statistics that can be found here. The Process The Process itself starts with a divorce petition that is written by one spouse and served on the other spouse. A copy of the petition is filed in a state court within the county where one of the spouses is resident and where the marriage occurred is now irrelevant. A petition will have the names of the wife, husband, and any children, and will state if there is any separate/community property. It also will detail child custody arrangements as well as any child/spousal support terms. This petition [also called the divorce papers] must legally be served on the other spouse. It is here the acrimony or arguments come to the fore, which influence how long the entire process will take. If the spouses both agree to the divorce, then the other spouse only needs to sign an acknowledgement of the receipt of service. What may happen is they refuse to sign the acknowledgement, or they are difficult to locate. In which case, we suggest the use of a professional service to aid in locating the spouse. Once served, the now completed ‘service of process’ starts the clock running on a state's waiting period. Unfortunately, when this process starts its automatic resets restraining orders that may exist. Also, both spouses are now not permitted to take children out of state, sell or borrow against property, or borrow or sell any insurance covers. The other spouse can file a response (as the respondent) to the petition saying they agree; therein, making it more likely the case will proceed without a court hearing. The good news for divorcees is that the processing times and costs are reduced. Notably, the failure to file a response may lead the petitioner to request a default judgment be entered by a judge. Are there any issues that can further delay the divorce? Of course, both spouses are required to disclose information regarding their income, assets, liabilities, and expenses. In an uncontested divorce the spouses agree to the terms of the divorce and the paperwork is relatively easy to file. The judgment is made, and the divorce is final. However, the marriage is not yet legally dissolved, and the spouses must wait until the end of the state's waiting period. Delays come with disputes that cannot be resolved; therefore, court hearings lengthen the process. To help you understand the timeframe of a divorce, here is an outline of the process.

1. You need to talk to an attorney andprepare your initial complaint and summons, along with any other supporting documents that your state requires such as child custody requests, spousal support, affidavits and more. Thereafter, you file the documents. This has a fee depending on your state (roughly $100-500).
2. You must serve notice on your spouse. Usually, you must use an independent party such as a certified mail, a professional server, or a sheriff’s deputy. Depending on the state, a time to respond is allowed; generally, 3 – 4 weeks. If no response is put forward you can seek a judgment in default. 
3. Next is the discovery phase. Allow several weeks or months for this. You both must disclose income, debts, alimony, information, assets, realty, and associated issues. There may be required written interrogatories, depositions, and miscellaneous requests that slow the discovery phase down. 

The next stage is putting forward an offer of settlement. This may involve a mediator. In fact, some jurisdictions mandate mediation within case management. Once this has resolved issues (or not) negotiations through an attorney may follow. These may be expeditious or drag depending on the parties’ attitudes. Usually, assets, property, alimony, and custody are issues that create animosity. Also, the more assets involved, the more things can get messy. Next, the amount of time will depend on thelevel of complexity, acrimony, and argument. This may take several months or longer. However, most cases settle at this point. That said, some do not. Here is where you go to trial and present your case to a judge, including, evidence, affidavits, witness testimony, and supporting material. The trial is relatively quick in the scheme of things. The judge will decide the issues in your divorce. You are now in their hands. If you want to risk an unfavorable settlement, then this may be the path for you. However, If you disagree with the judgment, you automatically have the right to file a post-trial motion for relief from the final judgment. Usually, you have a month to file and the other side has a month to respond to the motion. You will have to set out why you believe the ruling is not fair. Another delay may be if a post-trial motion is denied. You must now file a notice of appeal with an appeals court. The other side also can file a response. In most states, the parties will be granted an oral argument before a court makes a final decision. This adds several weeks or months to the process. If it is reversed, the appellate court will send it back to the trial court for further proceedings. If the case is affirmed then the case is now over. Length of a Divorce As we have discussed, a contested divorce can add a lot of time to the process. It is directly related to the complexity of the case and any unresolved issues. It is also notable that the time taken will be influenced by the level of cooperation between both sides. Simply put; a contested divorce could be 4-6 months or several years in length. This can be expensive and stressful. If you can not afford the legal fees, you may have to concede ground on many issues. Anything that adds time, adds cost. An attorney will typically charge $250 - $1250 an hour. That being said, it might be money well invested if you are after your fair share of assets, child support, or alimony. Nonetheless, always be sure to protect your rights while trying to come to a sensible agreement. In synopsis, the length of time taken to finalize a divorce depends. The quickest uncontested divorces appear to be in the states of Hawaii, Minnesota, Nevada, and South Dakota. While an uncontested divorce can take 12 months in states such as North Carolina, Maryland, and New York. A complicated or uncontested divorce can take years to finalize. Whereas a complicated contested divorce can take 3-5 years (or more). The take away from this is to circumvent the needfor a messy divorce. How? A prenuptial agreement. A Prenup: Why sign one? There is no escaping the reality that divorces become messy. Prenuptial agreements offer a solution as they are recognized across all U.S. states and are enforceable once you abide by the relevant state and federal laws. In addition, the Uniform Premarital Agreement Act (and revised Uniform Premarital and Marital Agreements Act) sets out that there is the presumption of validity and enforceability within states that have adopted these. Although, even in states that have not enacted the Acts, correctly executed prenuptial agreements are given the same presumption of legality as any other contractual agreement. One important side note is that a prenuptial agreement is only valid if it is completed prior to your marriage. Five elements are required for a valid prenuptial agreement:

1. It must be executed voluntarily.
2. It must be in writing (verbal prenups are normally unenforceable unless equity intervenes).
3. It must be in good faith. 
4. There must be full and or fair disclosure when executed.
5. Both parties must sign and have it witnessed.

A prenuptial agreement cannot be used to determine child custody, visitation, or support payments and is primarily a device to address property and or financial issues only. Otherwise, you may unwittingly invalidate your prenuptial agreement. Note, postnuptial agreements can be drafted; however, the prenuptial agreement is preferable. Want to learn more about prenups? So how can we help? We can help you draft up an ancillary document to detail pertinent conditions and assist you in the drafting up of your prenup (and other agreements if necessary). We advise that you complete it well in advance of your wedding, ideally a month or more. This is to help persuade a court no operating duress or undue influence was operating should it ever be questioned. Also, signing the document well in advance ensures you have sufficient time to consider the agreement. Given that each set of circumstances are unique, that each couple is unique, and that each divorce is unique, using a prenuptial template is an extremely bad idea. In fact, some states have legal advice requirements to satisfy. Therefore, we suggest you contact us to discuss your own bespoke requirements. We offer a free and confidential consultation on the matter and can navigate your concerns and queries with the utmost efficiency and professionalism. Read more about prenuptial agreements and divorce. In Conclusion If you read our other article here you will see that marriage today in the U.S. is statistically 50% likely to fail at some stage. The article does acknowledge that age, education, state you live in, ethnicity, and previous marital history all affect your chance of divorce. While we accept statistics are only numbers and they do not take account of our beliefs and idiosyncrasies, why take a chance? Protect your fiscal interests. Can you afford not to? Contact us today at contact@hellpprenup.com[/et_pb_text][/et_pb_column][/et_pb_row][/et_pb_section]