How long does a divorce take? Timeline and advice

Divorce is a period of change and uncertainty. Whether you’re ready for a divorce or just exploring your options, you’re probably looking for some clarity on the road ahead and a timeline for this major life change.

So, how long does a divorce take? While there’s no one-size-fits-all answer, divorces generally take a few months to a year to be finalized in the US. The final timeline is influenced by various factors, including whether your state has a “cooling off” period, the parties’ ability to reach mutual agreements, and the involvement of children.

In this article, we’ll look at the variables that can impact how long it might take for your divorce to go through. We’ll also highlight the benefits of working with an experienced attorney who can help you manage your expectations and keep matters moving forward while protecting your interests. 

Key factors that impact the divorce timeline

There are multiple factors that impact the divorce timeline. Each divorce has unique circumstances and complexities that inform the process.

Type of divorce

The divorce timeline varies based on how easily you and your spouse agree to terms, how much time is spent in mediation and negotiations, and whether a trial is involved. Contested divorces may involve drawn-out negotiations as the parties try to compromise. In an uncontested divorce, the parties mutually agree to the terms and don’t typically require mediation.

Where you live 

Each state has its own divorce laws, and there are many that slow down the divorce process.

• Residency requirements. Many states require some period of residence before you can file for divorce. In California, you must meet residency requirements for both the state and the county. In New York, the residency requirement is at least a year before you or your spouse can file for divorce. A family lawyer can inform you of these latest guidelines. 
• Periods of separation. In some states, you can't file for a divorce case unless you've been separated for a specific period of time, often six months to a year. Separation periods can vary depending on whether or not you have children and may require specific living arrangements. Check with a family lawyer to find out about your state's stipulations and how to meet the separation requirements.
• Mandatory “cooling-off” periods. A “cooling-off” period is the time you must wait before you can get divorced. Mandatory waiting periods allow you to consider reconciling or to get adjusted to your new situation. In states that require waiting periods, the length varies depending on whether or not you have children.

Case complexity

If your case involves a lot of property or contains difficult child custody or child support issues, your divorce will take longer than other cases.

Here’s an example: suppose an asset is disputed, such as a retirement account or real estate property. A financial expert might be called in for appraisal, adding time to your case.

Also, if domestic violence is relevant to your divorce case, it will extend the timeframe as there may be additional hearings to understand the scenario and extent of the abuse. 

Court availability 

The busier the court, the longer the divorce process could drag on, as your case has to get in line before a judge can take a look.

Some courts can settle matters within 30 days; in others, the first court date you may get is a good six months out. If your family or matrimonial court system has a backlog of cases, your divorce will take longer. Also, if your county has a large population, it’s likely the court has a long list of cases ahead of yours. A backlog adds additional time to your divorce.

Prenuptial and postnuptial agreements 

A well-drafted and enforceable postnuptial or prenuptial agreement can reduce contention about splitting assets and lead to quicker settlements. Prenuptial agreements also require full financial disclosure, which again can reduce the time spent hunting down records and information. 

Difficulty serving papers 

One of the first steps is serving (a.k.a “giving”) your spouse the divorce papers. If your spouse avoids getting served with divorce papers, your divorce will take longer. Sometimes, spouses play games and make themselves difficult to locate when it comes to getting served with papers. If this happens, an attorney can help you hire a professional process server or involve law enforcement.

Special state requirements 

Certain states and counties have special rules that can also affect the length of the divorce proceedings. For example, in Arizona and Florida, parents must take a special parenting class for a divorce involving children. In other states, like Indiana, the case will only be added to the court docket after the couple has undergone mediation. 

Timelines for different types of divorce

There are different types of divorces, and each type can impact how long the process takes. Divorces can fall into several categories: uncontested vs. contested divorce, at-fault vs. no-fault divorce, and litigated vs. collaborative divorce.

Uncontested divorce

Uncontested divorces are ones where both parties agree to all the issues involved in the divorce petition. There’s no involvement of the courts to resolve issues, resulting in a faster and possibly less costly divorce settlement. The judge merely needs to look at your papers, make sure they're in order, and then grant the divorce. An uncontested divorce can be wrapped up as quickly as six weeks to three months. 

Contested divorce

A contested divorce occurs when one or both partners are unable to reach agreement on such issues such as spousal support or the division of assets. Contested divorces require a trial, which will certainly extend the timeline. In Illinois, the average time for a contested divorce is between six months to a year. In North Carolina, they take upwards of a year. 

Collaborative divorce

In a collaborative divorce, both parties hire attorneys to mediate and work out a fair settlement outside the courts. You and your spouse agree to share information and try to find a compromise on high-conflict issues to avoid the costs of litigation. Collaborative divorces take longer than uncontested divorces but are faster than contested divorces. You can confidently expect to wrap up matters within a year. 

At-fault divorce

In an at-fault divorce, one spouse blames the other for the dissolution of their marriage. The divorce petition must include a reason, which could be adultery, substance use, extreme cruelty, neglect, or felony. The filing partner must also prove grounds for divorce at a hearing or trial, which adds to the case's complexity. Fault-based divorces take an average time of at least a year to finalize. 

No-fault divorce

A no-fault divorce is where no one takes the blame for breaking up the marriage. Both parties simply say, “The marriage has broken because of differences between the two, and there is no making amends.” No-fault divorces tend to go a little quicker, especially if they are uncontested.

How the divorce process works

Navigating through a divorce is tough, no matter who you are. Here’s a breakdown of all the steps involved in divorce proceedings. 

• Hire a lawyer to file a divorce petition. Get started by hiring a lawyer to represent you and file a divorce petition that explains why you want to end the marriage and what you want to keep (assets, parental rights, spousal support). You must meet the state’s residency requirements before you file the petition. 
• File and serve the divorce papers. Submit the petition and fee with the court. Some states have a mandatory waiting period before you can move ahead and serve the divorce papers to the other party. 
• Receive an answer from your spouse. The other spouse usually gets a two to three-week answer period to reply to your petition. You need to wait this period out. If they don’t respond on time, the courts can assume they agree to the terms and grant a default divorce. 
• Exchange financial paperwork. Gain complete financial clarity before deciding and negotiating how to divide assets. Collect relevant documents, including paystubs, bank statements, retirement funds, insurance policies, real estate valuations, and debt records.
• Negotiate terms, enter mediation, or settle. Now is the time for both parties to negotiate the divorce terms. In some states, courts require a couple to undergo a mediation process. Once you and your spouse agree on issues like child custody and asset distribution, your divorce will move along smoothly.
• Obtain approval on settlement terms. If yours is an uncontested divorce and the judge approves the terms, your divorce is final. If there is some opposition or the judge doesn’t approve the settlement agreement, the case proceeds to litigation.
• Go to trial (if required). The trial involves presenting each side’s case and supporting evidence. A judge will deliver their verdict after hearing both sides and sign the order of dissolution that formally terminates your marriage.
• Appeal the judge’s decision. If you’re unhappy with the judge’s final decision, you can appeal to a higher court. However, the chances of getting a verdict overturned are slim. 

Work with an attorney to speed up your divorce process

No one likes playing the waiting game, especially if you seek a quick divorce. Thankfully, there are several ways to speed things up—the best one being to work with an experienced lawyer. A LegalZoom-vetted attorney can help prevent delays in your divorce journey by ensuring all your paperwork is in order, while also reducing financial and emotional stress.  

• Filing paperwork correctly. Any divorce, even an uncontested one, involves a lot of paperwork and filing. An experienced attorney ensures all documents are accurately completed and filed on time, reducing delays caused by paperwork errors or missed deadlines.
• Negotiating effectively. Divorce brings along a rollercoaster of emotions, and tempers can easily escalate. A lawyer can help you effectively communicate your needs and negotiate thoughtfully. They can champion your rights regarding the division of assets, child support, and other critical matters by bringing in experts and approaching disagreements with a cool head. 
• Simplifying legal jargon and requirements. Divorce legalese is an unwanted stressor in a stressful time. A local family law attorney with a deep understanding of your jurisdiction's specific legal requirements and timelines can help you comply with these to avoid unnecessary delays.
• Using alternative dispute resolution methods. A lawyer might also suggest a collaborative or mediated divorce, which reduces wait times and resolves disputes faster than traditional litigation.
• Streamlining communication. Your divorce attorney can serve as the single point of communication between the opposing party and the court. Having all information flow through this one channel can expedite the process and nip communication mishaps.  

FAQs 

What is the quickest divorce you can get? 

A divorce that is no-fault and uncontested will be the fastest way to get divorced because you're in complete agreement with your spouse about everything. 

How long does it take for a judge to sign a divorce decree?

A judge can take several weeks to several months to sign a divorce decree after the final hearing. The exact time depends on the judge’s caseload and the legal requirements of the state where the divorce is being requested.

What happens during the waiting period in a divorce process?

There are no requirements during the waiting period, and hearings are not scheduled during this time. A couple can use this time frame to revisit their relationship and see if they can make amends, start informal negotiations, or start adjusting to their lives apart.