The average divorce takes 12 months from the date you file the divorce petition to the date the divorce is final, according to Investopedia. In reality, the divorce process may take anywhere from a few weeks to more than a year. In fact, in a survey of divorcees conducted by Marble, over 52% of respondents reported that their divorce took between one and six months. The reality is, each case is unique, and nobody can accurately predict how long your divorce will take. 

That said, certain factors often make a divorce process require more time or go faster. Below we examine different elements that can affect the length of time it takes to complete a divorce, as well as how to speed up your divorce.

Cooling-off periods and periods of separation

If your state requires a cooling-off period or a period of separation as part of the divorce process, your divorce will take longer.

• Cooling off period: Also called a reflection period, this time between the filing of a divorce petition and the finalization of the divorce is meant to give the couple time to work on their relationship or, in the end, decide to file for divorce. The length of the period varies by jurisdiction and may range from a few days to several months.

• Period of separation: During this period, the couple may be living apart (or “together as separate” in some states) but is still legally married. The length of the period varies depending on the jurisdiction and may range from a few months to several years. In some states, the separation period must be met before the divorce can be filed; in others, it needs to be met before the divorce can be finalized.

As a practical matter, the point of waiting periods and separation requirements is the same: to give couples an opportunity to rethink the decision to end their marriages before they proceed with a divorce.

In some states and situations, it’s possible to waive the cooling-off period or period of separation. For example, when both parties agree to the waiver or in cases where there’s domestic abuse. However, the requirements for the waiver differ depending on the state. 

Get the right lawyer for your divorce

Schedule a free 15-min call with our team today

Get Started

Residency requirements

Some jurisdictions have specific residency laws that you need to meet before filing for divorce. Generally, you must have lived in the state for a certain period of time before you can file. This time can range from six weeks to two years.

If one or both spouses don’t meet the residency requirements, they may be required to wait until they’ve lived in the state for the required amount of time before they can file for divorce.

In some states, it’s possible to waive the residency requirements, however, the requirements for the waiver differ depending on the state. 

No-fault vs fault-based divorce

Whether your divorce is no-fault or fault-based can have a significant impact on the amount of time it takes to get divorced. 

• A no-fault divorce is one in which both parties agree to end their marriage without assigning blame. This type of divorce tends to be quicker, since there’s no need to prove in court that the other spouse is legally responsible for the breakdown of the marriage. 

• A fault-based divorce is one in which one party must prove that their spouse is legally responsible for the breakdown of the marriage. Reasons (also referred to as grounds) for a fault-based divorce can include adultery, abandonment, imprisonment, mental illness and more, depending on the state laws. These types of divorces tend to take longer, since the process may involve interrogatories, depositions, witness statements and other forms of evidence.

The exact time added to a fault-based divorce compared to a no-fault divorce can vary and depends on several factors such as jurisdiction, the complexity of the case and the willingness of the parties to reach a settlement. However, it’s fair to say that fault-based divorces generally take longer and can add several months to the process.

Uncontested vs contested divorce

An uncontested divorce typically takes less time to complete compared to a contested divorce. 

In an uncontested divorce, both parties have agreed to all the terms of the divorce and don’t dispute any issues. This allows for a far quicker resolution. According to Forbes, an uncontested divorce takes an average of eight months to complete. 

A contested divorce involves disagreements between the parties over issues such as property division, child custody, spousal support and more. This can prolong the process and result in a trial or settlement negotiations. 

The amount of time a contested divorce takes can vary widely depending on the complexity of the case and the jurisdiction. According to a survey of readers by Lawyers.com, a divorce with one contested issue takes about 12 months to complete. Having two contested issues adds another month, and a divorce with three or more contested issues takes about 16 months to finalize.

Problems serving divorce papers

Serving divorce papers is a critical part of the divorce process, as it officially notifies one party that the other has initiated divorce proceedings. When serving papers, there are several potential problems that can arise and lead to delays in the process:

• Difficulty in locating the recipient: If the recipient can’t be found or moved without leaving a forwarding address, it can make serving the papers challenging.

• Refusal to accept service: The recipient may refuse to accept the papers, which can result in the need for alternative methods of service, such as substitute service (serving the papers to another responsible adult at the recipient’s residence) or mail service (sending the papers to the recipient by certified mail). If the recipient still refuses to accept service or respond to the divorce, the court may grant a default judgment, which allows the divorce to proceed without the recipient’s participation. 

• Incorrect service: The papers may be served to the wrong person or address, which can result in the need to re-serve the papers and delay the divorce process.

• Contesting jurisdiction: The recipient may challenge the jurisdiction of the court, which can result in additional legal proceedings and delays.

• International service: If the recipient is located in a foreign country, there may be difficulties with international service, and additional time may be required to comply with international laws.

Your county court’s calendar

The timing of your divorce is dependent to some degree on the court in which you’re filing. A crowded calendar may result in delays in scheduling and completing court proceedings such as hearings and trial dates. The court’s calendar also influences the amount of time it takes to finalize any alternative dispute resolution for child support or other matters related to the divorce. If the court is backlogged with cases, it may take longer than you anticipated to get a divorce. 

Complexity of the issues

If there are complex and disputed issues—such as the division of significant assets, spousal support and child custody—it may take longer to gather and present evidence, negotiate terms and reach a settlement agreement or have a judge make a decision. This can result in a longer and more drawn-out legal process.

Hidden assets

The divorce process requires both spouses to disclose all of their financial assets. However, sometimes one spouse won’t fully divulge all of their assets. This might be due to an oversight, but it can also be because one spouse doesn’t want to split money or assets with the other. 

In order to uncover attempts to hide assets during a divorce, a process called “discovery” is necessary, which may involve requests for documents, interrogatories and depositions. All of this can significantly delay the divorce process. 

Alimony issues

Alimony, also known as spousal support or maintenance, is a court-ordered payment made by one spouse to the other after a divorce or separation. The purpose of alimony is to help the receiving spouse maintain their standard of living after the marriage has ended. 

Alimony is a complex issue that can significantly affect the amount of time it takes to get a divorce. The two parties must come to an agreement about how much alimony, if any, will be paid and for how long. If the couple can’t come to an agreement, a court must intervene and make a decision about the amount and duration of alimony. If that happens, you’re subject to the court’s calendar.

Get the right lawyer for your divorce

Schedule a free 15-min call with our team today

Get Started

Child custody and child support battles

Child custody and child support battles are often emotionally charged and difficult to resolve. The parties may need to participate in negotiations, mediation or court proceedings to determine the custody arrangement and amount of child support. If the parties can’t reach an agreement, the court may need to make a decision, which can add additional time to the divorce proceedings.

The amount of time it takes to resolve child custody issues during a divorce can vary greatly depending on the circumstances of the case. In some cases, the parties can reach a mutually agreeable custody arrangement in a matter of weeks or months. However, in more complex or contentious cases, the process can take several months or even years, especially if the matter goes to court. The duration of the process may also depend on factors such as the availability of local family court resources and the willingness of both parties to compromise.

Can you speed up your divorce?

There are several ways to speed up a divorce, including:

• Uncontested divorce: If both parties agree on all the terms of the divorce, they can file for an uncontested divorce, which can be processed faster than a contested divorce.

• Alternative dispute resolution (ADR): These techniques can work well for expediting the divorce process, significantly reducing the amount of time spent in court proceedings. One option is mediation, a legal process where a neutral third-party mediator helps both parties reach an agreement on the terms of the divorce. Another option is collaborative divorce, where both parties and their lawyers work together to resolve the terms of the divorce without going to court. 

• Waiving the waiting period: In some states, there is a waiting period between the filing of the divorce and its finalization. You may be able to waive the waiting period by showing that the divorce is uncontested and that both parties are in agreement.

• E-filing: Many courts now offer the option to file divorce papers electronically, which can speed up the process compared to filing in person.

When it comes to child support issues, ensure that you have all the necessary documents in order and that you understand your legal rights and obligations. If you and your spouse reach an agreement on the issues of child support, alimony and other matters, make sure that the agreement is legally binding by signing a settlement agreement and filing it with the court. This can help to avoid any unexpected delays in the divorce process.

Additionally, you may wish to speak with a lawyer about any questions regarding your case and ways you may be able to speed up the divorce process.