How long does a divorce take from start to finish
Divorce is often a difficult and life-changing experience. No one likes the idea of separation, but sometimes divorce is the best decision to make for all parties involved. One question that is often asked about divorce is,”How long does a divorce take from start to finish?”. For an average divorce, it will take about four to six months, depending on how quickly issues revolving around children, property, and money get resolved.
Here are a few essential factors to consider before starting the divorce process.
Things to do before you apply
Before you or your ex-partner apply for a divorce, it’s best to see if the two of you can come to a mutual understanding and suitable arrangement for the separation. If either of you disagrees about how the divorce should proceed, you’ll find that the process will become much more complicated and tedious, as you’ll need to pay for the divorce fees, lawyers, and may also need to take the legal route and go to court.
DIY Divorce
This is the most uncomplicated divorce process available. However, a DIY divorce is only ideal for those who don’t have any assets or children to divide amongst themselves. All you’ll have to do is fill out the necessary paperwork, and both you and your partner will be sorted. There is typically a waiting period before the divorce becomes legally official, but the specific amount of time will vary based on each jurisdiction.
Mediation
Mediation becomes effective when things are amicable or if you only have a few minor problems that need to be resolved. In such cases, consider hiring a mediator who will play the role of a neutral third party and will meet both spouses and try to work things out. A mediator’s role would be to listen to both and communicate what they believe works the best, then help bring the couple to an agreement. They will not advocate in the favor of either party but will make sure decisions are made judiciously and fairly.
The individual acting as the mediator doesn’t have to be a lawyer; it could be anyone who has a good understanding of how the law works and how the process works. A couple might end up meeting with the mediator many times over the course of the divorce proceedings.
Mediation usually speeds up the divorce process because there are few problems to resolve — and they aren’t being resolved on a court’s schedule. So if both parties can come to a quick agreement via a mediator, a divorce can be settled in a matter of months.
Arbitration
While a mediator will try to understand what both spouses agree and disagree on and try to bring them to an agreement based upon mutual understanding, an arbitrator will try to point out issues that are not accepted by either party. This could be a seasoned attorney or a former judge.
Arbitrators often come into play when there are more complicated issues revolving around a marriage that need to be resolved, such as the splitting of assets as well as child custody. In such cases, the arbitrator will take into consideration many different life factors such as income, assets, emotional well-being, and preferences surrounding the marriage and children. Like a judge, the arbitrator will then make a decision based on this information. An arbitrator can be used to deal with the entire divorce process or just a few issues. This is the process that most closely resembles what would happen in court, the difference being that it is taking place in a private setting. Because the parties do not have to wait for the court to work with them, the divorce process can be dealt with faster and on their own terms.
Negotiated settlement
Now comes the role of a negotiated settlement, which is done by the lawyer(s) representing each party. It will be the lawyer’s duty to negotiate a settlement by sending settlement letters to the opposite party in hopes of reaching an agreement so that the divorce process can be settled swiftly and efficiently.
If there is a dispute that cannot be settled directly through each party’s respective lawyers, then the final option is to go to court. Both sides of the divorce will be presented before a judge who will have the final say in the decision of how the divorce settlement takes place.
Is it possible to speed up the divorce process?
One of the easiest to speed up the process of your divorce is to file your divorce petition online, if that’s an option in your local area. There have been numerous cases of divorce petitions being processed in just over 24 hours after they’ve been filed online. However, quick turnaround time is really only applicable when the divorce happens in an agreeable manner between both spouses, or there is an urgent need for the divorce such as domestic abuse.
Another way to complete your divorce in a timely manner is by submitting all the necessary documents to the lawyer on time and with all the accurate information. This will reduce the delay and shorten the overall time it takes to go through the divorce process.
Wrapping up
Divorce is often a daunting process that can grow more and more challenging as it becomes drawn out over time. If ex-spouses are quickly and efficiently able to come to a settled agreement about the terms of the divorce, the overall process can take much less time than expected. But if there’s a dispute such as in the case of child custody, then the process will take quite a bit more time to be settled.
Before starting divorce proceedings, it’s always a good idea to consult with an attorney as you may never know in which direction the case may head. A highly experienced divorce lawyer will be knowledgeable about the specific laws in your city and state, and can help you have a better understanding of the divorce process before proceeding, as well as how much the divorce will cost.