As a divorce lawyer in Alameda County, CA from a law specialist like AttorneyBernie.com can explain, the timeline from start to finish of a divorce depends on many factors. On average, you can expect a divorce to take 6 to 12 months, but there are many reasons that it could take longer. Let’s break down the process.
What Are Your State Laws About Divorce?
Every state has different laws that pertain to divorce. Some places have mandatory separation periods before you can submit the paperwork to start your divorce. Other states have waiting periods after the judge signs your divorce papers. Each of these things can affect the timeline of your divorce. A divorce lawyer in your state can explain the laws that can impact your time frame.
How Complex Is Your Divorce?
An uncontested divorce is one in which you and your spouse agree on the division of assets and property in your divorce. It is the quickest type of divorce, but it’s not always possible. The more complex your divorce, the longer it will take. If you and your spouse can’t agree on child custody, spousal support or property division, your divorce will take longer. If you have to wait for the judge to decide, it will depend on how busy the court docket is in your county.
This is one thing that you have the most control over when it comes to how long your divorce will take. You have to decide how to negotiate your divorce and what works for you. Sometimes, it can be better to give up a little when dividing assets to look at the bigger picture, getting through the divorce process. Of course, if you think your spouse is hiding assets or if there is domestic violence, you may have to wait it out. Mediation or arbitration can help in some situations, but it depends on your own situation.
How Busy Is Your Court System?
Once you and your spouse have a settlement agreement, you can submit the paperwork to the court, but the judge still has to sign off on your divorce. The judicial system was backed up before the pandemic, and the pandemic slowed everything down. It may seem like a simple thing, to get the judge’s signature to finalize your divorce, but you will have to wait until your case comes before the court.
Getting a divorce isn’t quick, but it is the route to getting out of an unhappy marriage to move on with your life. Make an appointment with a divorce attorney to discuss your situation and to start the process.