For many people who file for a divorce, one of the questions they usually ask attorneys is how long the process will take. There is no standardized time for a separation process, because in each case several drawbacks may appear.
The time of the divorce will depend on how the parties manage it, in the case that it is a mutually agreed process, the time can be much shorter; however, if it were a disputed divorce, where there are minor children involved, the process can take up to more than a year.
Simplified marital dissolution
If it is a Simplified Dissolution of Marriage, depending on the state, the process can end 30 days after filing the petition to the court order, where the divorce is declared. The problem is that most couples cannot use this resource, because it is only valid in cases where there are no children under the age of 18 in the marriage, no pending applications for alimony, and no unresolved issues that the divorce resolves. .
In simpler terms, for a couple to use this process, they have to agree to all the terms of the divorce. In the event that any of the requirements are not met, it will be necessary for them to go through a standard divorce process.
Contested or uncontested divorce
An uncontested divorce is one where the parties agree to all the terms of the divorce, such as alimony, property division, marital debts, child custody, and support. If the couple is able to come to an agreement and develop a parenting plan without the need to involve a court, the divorce will go much faster.
In the event that there is any issue in dispute, it will be a contested divorce, where the parties must plan one or more court hearings. Later a judge will listen to all the problems presented by the parties and will make a decision.
An uncontested divorce can usually be completed in about three months after the divorce is filed, on the other hand, a contested divorce takes much longer.
Minor children in marriage
In the event that the spouses are involved in a contested divorce, the more issues the court has to resolve, the longer the case will take. If there are minor children in the marriage, and the parents do not agree on the custody of the same, the court has to take some time to analyze what will be the best type of custody for the child.
There are contested divorces that can last a long time, in fact some cases can last up to more than a year
Undoubtedly, divorces can become very complicated processes, in the event that the case is highly disputed. Therefore, it is almost impossible to determine an exact time of when a case will last; however, there are cases like the ones mentioned above, which may be less troublesome and last for a shorter time.