"Every divorce is unique. Joint assets, children, attitude of partner, rules of a particular state and your financial situation are just some of the factors which will determine the time it takes for you to obtain a divorce."
That's a bit like asking about how long is a piece of string. You see there are several factors which will influence the time it takes for you to obtain a divorce. Let's examine some of those factors.
Where do you live? Divorce in the USA operates on a state by state basis and where you live determines the court which will rule on your divorce. The divorce law can vary from state to state. Some states stipulate that there has to be a non-action period of up to six months once the divorce application has been filed. So you need to ask your local court official if there is a waiting period and, if so, how long it is.
Then there is the word 'contested'. It only takes one partner to contest the divorce for the time involved to grow and grow. If you and your partner agree to an uncontested divorce, the time it takes could be quite short, even a few weeks. Then there is the uncontested divorce without lawyers. This means you handle the legal aspects yourself. Many couples act in this way and their divorce is both cheaper and quicker.
Do you use mediation? Let's say you don't wish to contest the divorce but you do wish to discuss the split of assets and perhaps the custody of any child. You may not be able to do this between yourselves because of ill-feeling. You might both engage a lawyer or you could agree to mediation. Here an independent, trained and experienced person talks to both partners and seeks to find a resolution. If the partners agree, this agreement becomes part of the divorce case and in almost all cases the court will approve this agreement. The point being that if the mediation drags on and on, the time to obtain your divorce gets even longer.
The other alternative is for both partners to engage a lawyer in what is a bitterly-contented divorce. This means that the divorce will almost certainly be expensive and time-consuming. To win a certain point, one partner's lawyer will make a case to the court. The other partner's lawyer will have a rebuttal argument and on and on it goes.
Another fact you need to consider is the work load of the court. While some people might argue that state divorce courts are merely processing plants rubber stamping divorce applications, it is a fact that there are times when a court has to rule on a large number of cases. No matter how well prepared you are and no matter co-operative you and your partner become, if the court is busy, you will just have to wait your turn.
Remember one thing. Every divorce is unique. Joint assets, children, attitude of partner, rules of a particular state and your financial situation are just some of the factors which will determine the time it takes for you to obtain a divorce. It might be a few weeks or it might be two years.
Here are additional resources you might be interested in:
There's an excellent ebook on how to help save your marriage
Stop Your Divorce. Read it before it's too late.
If you're on the verge of having a divorce, read this to
Save Your Marriage.
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