When a couple decides to end their marriage, one of the first questions a person may ask is how much time will be needed to complete the divorce process and move on. The answer may affect when a person will be able to sell their house, put a new budget in place, settle into a parenting schedule, or begin a new relationship. While every divorce case is different, knowing what to expect can help a person plan ahead and avoid surprises along the way.
The timeline for a divorce could be as little as a few months or as long as multiple years. The time needed to complete a case may be affected by custody disputes, complex assets, or the need for a trial to resolve contested issues. By understanding the issues that can affect the divorce timeline, a person can make plans about how to proceed.
What Is the Average Length of a Divorce?
Surveys of people who have gone through a divorce can provide a helpful picture of the typical timeline. A survey by Martindale-Nolo found that the average divorce took about one year from filing a divorce petition to the final judgment. 39% of people were able to complete the divorce process within four months, but in 13% of cases, the divorce process lasted for more than two years.
The way divorces are handled can affect the overall timeline. For couples surveyed who did not have any contested issues, the process usually took less than eight months. The timelines increased significantly in contested cases. Divorces with one contested issue lasted for an average of 12 months. With two contested issues, the average length increased to 13 months, and three or more issues led to an average length of 16 months. Divorce cases that went to trial lasted for an average of 18 months.
What Factors Affect the Length of a Divorce?
Several things can speed up or slow down a divorce, including:
- The waiting periods required under state laws
- Whether spouses can agree on all major issues
- Whether a couple has children together
- How many assets and debts need to be valued and divided
- Whether county courts are busy
- Whether either spouse delays the process by missing deadlines or refusing to share information
How Long Do Different Types of Divorce Cases Take?
The type of divorce can play a major role in the timeline of a case. Common scenarios and timelines for divorce include:
Uncontested Divorce After a Short Marriage
An uncontested divorce is one in which both spouses agree on every issue. When a couple has only been married for a few years, has no children, and owns little property together, the divorce process can often move quickly. State waiting periods will often cause the longest delays in these cases.
Some states offer simplified divorce options for couples in these types of situations. For example, Illinois allows for “joint simplified dissolution” for couples who have been married less than eight years, who have no children together, and who have limited property and income. California offers a “summary dissolution” for couples who have been married for five years or less, do not have children, do not own real estate property, and have limited assets. An uncontested divorce in situations like this may be completed in around one to six months.
Divorce Involving Child Custody
When parents decide to get a divorce, a family court must approve arrangements for child custody, parenting time, and child support. Even when parents agree on these issues, state laws and court rules may require them to attend parenting classes or take other steps to ensure that they will be prepared to share custody of their children. They may also be required to submit a detailed parenting plan, and finalizing the terms of this agreement can take time.
If parents disagree about how child custody will be handled, the divorce process can take much longer. The court may order parents to use mediation as they try to work out an agreement. A judge may also appoint a guardian ad litem or a child custody evaluator to look into the family’s situation and make recommendations. Each of these steps can add weeks or months to the timeline of a case. Contested child custody cases may take a year or more to resolve, and cases that go to trial can last even longer.
High Net Worth Divorce With Complex Assets
When a couple owns significant or complicated assets, dividing them can take time. These assets may include family businesses, real estate investments, stock options, retirement accounts, or property in multiple states. Before these assets can be divided, they often need to be valued by financial professionals such as business appraisers or forensic accountants.
High net worth divorce cases will often involve a longer discovery process. During discovery, both parties will gather information about a couple’s assets, each spouse’s income, and other facts that could affect a divorce. If one spouse believes that the other is hiding assets, or if the spouses disagree about whether certain assets are separate property or marital property, the process may take even longer. High net worth divorces can easily take 12 to 24 months or longer to resolve.
Gray Divorce
A gray divorce involves spouses who are 50 years old or older. These divorces often take place after long marriages. A couple may have shared their finances for decades, and they may need to address complex issues as they determine how to divide their assets. Common issues include dividing pensions and retirement accounts, determining whether one spouse will receive spousal support, and planning for health insurance and Social Security benefits.
Dividing a retirement plan will usually require a qualified domestic relations order (QDRO), which is a court order telling the plan administrator how to split the funds. Preparing and approving a QDRO can add time to a case. If both spouses agree on the major issues, a gray divorce may take about as long as other uncontested divorces. If there are disagreements about support, the value of retirement assets, or the division of property, a case may take a year or longer.
Can You Speed Up the Divorce Process?
While any state waiting periods that will apply cannot be avoided, other steps may be taken to avoid unnecessary delays during the divorce process. Gathering financial records early, responding to requests on time, and being open to compromise can all help ensure that a case will be able to be resolved more quickly and efficiently. Couples who use mediation or collaborative divorce may also be able to complete the process more quickly, especially if they are willing to work together to reach agreements while minimizing conflict.
How Can an Attorney Help With the Divorce Process?
The length of a divorce may depend on state laws, the issues involved, and how well spouses can work together. An attorney can explain the issues that may affect the timeline of a case, and they can take steps to keep the process moving forward while working to reach agreements that will allow a person to move forward into the next chapter of their life after their marriage ends. With experienced legal guidance, a person can avoid delays and move toward a resolution that will protect their interests.