How Long Will My Overseas Divorce Take?

Overseas Divorce Lawyer

Overseas Divorce Lawyer

The length of time it will take you to get your overseas divorce once you file for it will depend on numerous factors, like a overseas divorce lawyer from a law firm such as Taylor Law & Mediation PLLC would advise. These factors may include the following:

  • Does your state have a mandatory waiting period (often called a cooling off period)?
  • Does your state require mediation before the court will issue a divorce decree?
  • Does your spouse intend to contest the divorce?
  • Are you a high-asset couple with extensive, possibly complex, holdings?
  • Do you and your spouse have issues regarding child custody, visitation and support?
  • Do you and he or she have issues regarding the distribution of your marital property?

Each state has its own divorce laws, so your wisest course of action is to consult an experienced local divorce lawyer who likely can give you at least a rough estimate of how long your divorce will take based on your particular circumstances.

Cooperation Between Spouses

It goes without saying that the more cooperative you and your spouse can be in resolving your issues and reaching agreements that both of you are prepared to live with, the faster your divorce will proceed. You will not be surprised to learn that fully contested divorces between angry, fighting spouses can take more than a year to resolve. On the other hand, an uncontested divorce can take as little as 4-6 weeks depending on the length of time, if any, your state requires you to wait.

Child Custody

Usually, child custody arrangements present the biggest challenges for divorcing couples. If at all possible, you and your spouse may wish to consider joint custody, wherein each of you has your children at your respective homes for more or less equal periods of time. Not only is joint custody better for your children in most circumstances, but it has become the preferred custody arrangements for divorce courts.

Property Division

Property division generally presents the second biggest challenge for divorcing couples. If you live in one of the nine community states, you must split your marital property 50/50 with your spouse. The following states are community property states:

  • Arizona
  • California
  • Idaho
  • Louisiana
  • Nevada
  • New Mexico
  • Texas
  • Washington
  • Wisconsin

If you live in one of the other 41 states, you must split your marital property fairly and equitably with your spouse. Keep in mind that there is no one-size-fits-all definition for what constitutes a fair and equitable distribution. It varies from couple to couple and depends on a variety of factors which your overseas divorce lawyer can explain to you.