November 2, 2020
Personal Injury Lawyer
Getting divorced is a complex process that takes time. How long it takes in your case depends on many factors. In some cases, you may get through the process in as little as 3 months, but it can take 10 to 11 months in others. Some divorce cases have taken five or more years to resolve, but those cases are rare. Some of the factors that determine how long your divorce takes to resolve are out of your control. You just have to wait for the courts to get your paperwork through the process. Here are some things to consider.
An Uncontested Divorce
If you and your spouse agree on most things about your divorce, you may be able to file the paperwork and get your divorce finalized pretty quick. This depends on waiting periods in your state and how long it takes to bring your case before the judge. Some states have waiting periods that mandate you have to wait six months or some other time frame before your divorce can be signed off. If the courts are backlogged, it may take longer.
Mediation and a Divorce
If you and your spouse can work through your issues with a neutral third party to resolve some of the stickier issues, you may have a better time line than waiting for the court to decide the issues. When both parties want to resolve their problems, mediation can help you find solutions you might not consider on your own. The mediator drafts the resolution and may even file the paperwork. Then, you’re just waiting on the court.
Divorces in which the parties can’t agree will take the longest. In some cases, you may ask that an arbitrator hear your case to deal with specific issues. In most cases, an arbitrator is a retired judge or family law attorney who can hear your sides then make a decision as part of your divorce. Alternatively, you could let your attorney negotiate with your spouse’s attorney to resolve the various issues. If the divorce is so contentious, you can always let the judge make a ruling. These types of divorces tend to take the longest to resolve because you may be waiting for an appointment with an arbitrator or the court.
Ask a family law attorney, like The Mckinney Law Group about the divorce timeline in your state to find a solution for your situation. The timeline for your divorce mainly depends on how well you and your spouse can resolve the issues in your divorce.