How Long Will My Divorce Take?
Posted on Nov 14, 2012 9:48am PST
So, you have decided your marriage has come to an end. When I speak to
people who are contemplating filing for divorce, there is one question
that is always asked: How long does it take to get divorced?
Well, it depends.
The fact is, every marriage is different and every divorce is different.
No two divorce cases are the same. However, I am able to give my clients
some guidelines as to how long it will take to get divorced, based upon
the facts of the marriage and the personalities of the parties involved.
Once a Petition for Dissolution of Marriage is filed with the court by
one spouse, the other spouse must file a response within 20 days of being
served with the documents. After a response is filed, both parties must
file their financial affidavits. Soon after, a mediation conference will
be scheduled.
If parties can settle their case at a mediation, or shortly soon thereafter,
then all that will be left to do is complete all the necessary court paperwork
(such as the Marital Settlement Agreement) and schedule a Final Judgment
hearing before the Judge. This means that if the parties cooperate with
each other, a divorce can be filed and finalized in as little as three
months, without ever going to trial.
However, other cases are more complex and leave room for the parties to
argue over anything and everything. If the parties are not able to communicate,
the divorce process can last several months, if not years. When this happens,
every step of the way is a battle. Countless motions are filed (motion
for contempt, motion for a vocational expert, motion for a G.A.L., motion
to compel, motion for temporary relief, etc), hearings are held, attorney
fees will increase substantially, and nothing will be resolved. In the
end, no one is happy.
As you can see, depending on the circumstances, a divorce can be completed
in as little time as a few weeks or it can take months or years. If you
would like more information about the divorce please feel free to
call.