How Long Does It Take to Get a Divorce in USA?

People tell horror stories about divorce lawsuits that go on for years and years on end. Those incredibly lengthy marathon divorce proceedings are in the minority; however, and most divorces proceed through the court system much more quickly. In general, the average divorce lawsuit process takes anywhere from one month to a just short of a year.

The speed of the divorce process is dependent on several factors. The most important of those factors is the type of divorce that the spouse filing for divorce is seeking. These are the most important considerations when trying to determine how long the divorce process may take:

Uncontested Divorce – The Speedy Divorce System

As a general rule (although there are exceptions), uncontested divorces are the fastest way to get a divorce. In an uncontested divorce, the spouses will normally agree on the terms of their divorce ahead of time and sign a marital separation contractual agreement solidifying the terms of their divorce. In these so-called “divorces by agreement” judges merely have to sign off on the settlement agreement. This speeds up the process, and normally involves only one quick court hearing.

In addition to traditional uncontested divorce, many states have also implemented expedited divorce processes that allow spouses to file jointly under certain circumstances. For example, Florida and Illinois offer a simplified divorce procedure. Many of the states offering fast-track divorces allow the spouses to get a divorce immediately and without a hearing as soon as a judge can sign the divorce paperwork.

Contested Grounds for Divorce

Contested divorces can take varying periods of time depending on nature of the grounds for divorce. There are three types of divorce grounds: no-fault divorce, divorce by separation, and at-fault divorce. The at-fault divorce process tends to take the longest for two reasons: first, the nature of proving fault is more complicated because additional evidence of the fault will be required; and second, the divorce process is public record which means that no spouse will ever admit to marital misconduct like adultery or domestic abuse because it will forever tarnish that spouse’s reputation.

In contrast, no-fault divorce and divorce by separation are more likely to be uncontested because there is nothing for either spouse to prove other than that they want a divorce. Between the two, no-fault divorce is always faster because there is no waiting period unless state law imposes one, as discussed below. Divorce by separation, however, requires the spouses to live apart for a specific period of time before seeking a divorce. While the time spent apart may not necessarily be spent in court, it still delays the eventual divorce process.

Spouses with an Appetite to Settle Tend to Proceed Through the Divorce Process More Quickly

The attitude of the spouses and whether they might eventually settle will dramatically affect the length of the divorce process. If both spouses want to fight on every issue, the divorce process will be like the horrible example this article began with. Fortunately, however, most spouses tend to agree on several different aspects of the divorce process and are simply stuck on just a couple of issues (usually financial issues).

As explained above, the uncontested divorce process is the quickest way to resolve the process. Divorces that start off contested, however, may transition into uncontested divorces once a settlement is reached. The key is to keep talking about how the issues in the divorce could be resolved peacefully without having to go to trial. 

Divorces with Children Involved May Slow the Process

Divorces involving children also tend to take longer, as the divorce judge must also decide issues of child custody and child support, which tend to be heavily regulated. Most states have extremely specific child support and visitation laws, which make those issues more complicated to resolve. As a result, divorces involving children tend to take longer to move through the courts because the judge has more issues to resolve.

Additionally, a handful of states impose additional waiting periods for spouses seeking a divorce where minor children are involved.For example, Michigan’s two-month waiting period is extended to six months when minor children are involved in the divorce process.In those states, child-related waiting periods can prolong the divorce process for moths. Similarly, many states also require divorcing parents to take parenting education courses prior to the divorce being finalized. Arkansas, Connecticut, and Iowa in addition to many other states can all require spouses with children to take parenting classes.

State Divorce Procedure and Waiting Periods

Finally, the state’s divorce procedural rules may affect the length of your divorce. Across the nation, there are two competing legislative philosophies regarding divorce. In many states, the public policy behind divorce laws encourages the expediting of the divorce process. Everyone knows that no one wants to be stuck in court for months litigating a divorce, and therefore many states provide quick divorce procedures.

On the other hand, many states believe that prolonging the divorce process is better public policy because it encourages families to work out their problems and stay together. A little less than half of states have enacted divorce waiting periods that require spouses to wait several weeks before a divorce judge will even let them into the courtroom. Alaska, Arizona, Mississippi, Indiana, and Kentucky are several such states. In states with divorce waiting periods, what might have been a quick one-week divorce process could be transformed into a month-long endeavor.