One pertinent query many people often have is how long will it take them to get a divorce. While some clients get their divorce within 6-8 months, others may not get a divorce for many years.
To put simply, there are several factors, which have an impact on the divorce timeline. Domestic violence is a major cause of divorce in the United States.
How long does it take to get a divorce if both parties agree?
The state of Virginia has defined mandatory separation periods for both parties to complete even before they can finalize their divorce. Here are the prime considerations:
- Parties having minor kids or who differ with respect to the divorce should be separated for 1 year.
- Parties who children are not minor and agree to part ways should be separated for 6 months.
Once the parties complete this mandatory separation period, they can file for the divorce.
Typically, the court processes a divorce within 4-8 weeks but at times the timeline is longer or shorter. It is best to have a family law attorney or an experienced divorce attorney by your side.
A good lawyer will understand the separation requirement and will also be able to help you through any legal issues.
How long do you have to be separated before divorce is automatic?
Divorces in VA are based on reasons for divorce or legal grounds. It is applicable for those who are considered no-fault or uncontested. We are not considering the fault-based divorce here.
Couples in Virginia have to be separated for a minimum of 6 months if they do not have minor kids. That’s the legal process.
They need to separate for 12 months with minor kids before opting for a divorce. Couples seeking a divorce should submit a separation agreement duly signed before they file for it, including their separation date.
You have to pay filing fees for Texas divorce while initiating the case.
How long does a divorce take in NY state?
The type of divorce determines how long it will take it to finalize in the state of New York. Typically, it takes a maximum of 3 months for couples to finalize their divorce.
Additionally, if assets or temporary custody or kids are involved, there could be an extension beyond this 3-month period. Therefore, before making up your mind to seek a divorce, it is imperative to determine whether the parties want an uncontested or contested divorce.
That is because determining the divorce type in advance can help the parties to have a smooth divorce. Additionally, such divorces are less time-consuming.
How long does it take to finalize a divorce in Virginia?
After the parties are separated for 6 months-12months, an uncontested divorce can be completed quite fast. The divorce may be finalized in about 1-2 months.
How long does it take to get a divorce in Louisiana?
You can get divorced exclusives on the basis of living apart from your spouse in Louisiana. There is no need to prove, show, or allege the other party to get a divorce.
After you have stayed apart from 180 days/365 days you may request for a divorce if there are minor kids. Such a divorce is called “no-fault” divorce.
How long does it take for a divorce to be finalized in Georgia?
In Georgia, if the dissolution of marriage is an uncontested one, divorce can be finalized after a compulsory waiting period of thirty days. However, it is imperative to point out that the 30-day divorce period is hardly a reality for the majority of couples.
That’s because even the simplest divorce case with no kids or assets may take about two months to finalize as courts can have a high caseload.
On an average, it takes around 45-60 days for finalizing no-fault divorces. In case of fault divorces, the length of time is different. It depends on how complex the case is and what the fault ground is.
In this scenario, the divorce finalization may take anywhere between six months and twelve months.
How long does a divorce take in Illinois?
In Illinois, the length of a divorce primarily depends on the type of divorce papers the parties file for.
- Mutual agreement on the divorce terms: In case both the parties agree for a friendly divorce, they can be assured of a shorter process. For instance, the divorcing couple can spell out their divorce terms in their divorce settlement agreement.
It will help them to avert lengthy court hearings. Additionally, the divorce can be finalized within 30 days of its filing.
- Absence of an agreement with the spouse: If a couple decides to get divorced and did not have an agreement, they have to go through a chain of court hearings. They also need to spend a lot of exorbitant fees to their lawyers.
In such a scenario, the divorce lawsuit can continue for several years. It can be a big torture, particularly when children are involved.
How long does it take to get a divorce in Massachusetts?
In Massachusetts, getting a divorce may take 3 to 9 months on average. However, it is to be noted that “irreconcilable differences” may not be obvious when the spouses have stayed together during the last 6 months.
Also, the time period for the divorce decree depends on the extent to which one of the parties is willing to negotiate. Other factors include whether there are disputes over visitation, child custody, child support, spousal support or property division.
FAQ relating to How soon can I get a divorce
1. How should I file for a divorce?
A divorce petition or complaint is a document you have to file with the court. The petition is a divorce paperwork that initiates the divorce process.
When you file this document, you request the court to end the marriage officially through a court order. You may also be given a temporary order for the short term.
2. How long will it take to finalize my divorce?
The divorce laws are not the same in all states in the United States of America. The period needed for dissolution of a marriage can also vary based on your location. A family court typically takes less amount of time to complete a case.
3. What will be the cost of my divorce?
The cost of divorce can vary drastically from state to state and case to case. The cost largely depends on if the dissolution is uncontested or contested. Some other factors that can impact the cost of divorce are as follows:
- The number of issues that need to be settled
- The duration of the divorce lawsuit
- Whether you have hired a divorce lawyer for legal advice or not
4. Should I disclose my entire finances while the divorce proceeding is going on?
The rules for divorce proceedings are different from state to state also for same-sex couples and civil partnership. However, typically, both parties should disclose all their debts and assets during a divorce, which includes disputed matters of separate property distribution.
What is the quickest divorce you can get?
In the United States of America, divorce laws are quite varied. For instance, if you reside in the state of New Hampshire and seeking for a quick divorce, your wish may come true. On the other hand, if you live in Vermont, you should be prepared for a long and drawn-out lawsuit.
The 5 states in the United States where you can quickly get a divorce are as follows:
1. South Dakota
2. New Hampshire
What’s the earliest you can get a divorce?
Are you in haste to get divorced? In such a scenario, it is a good idea not file for divorce in South Carolina or Maryland. Both these states in the United States need the parties to adhere to 12 months of residency.
Additionally, the couple in question should be separated for 1 year even before they can initiate the process. Alaska, similar to the states of Washington and Dakota has no residency rules for dissolution or divorce.
According to the website of the state, a divorce is possible if the parties or one of them are in Alaska when they file the lawsuit. They also have an intention live as a resident. There is a mandatory waiting period of 30 days in Alaska.
Other quick American states are as follows:
- Nevada needs a minimum of 42 days for processing and Nevada needs just 6 weeks of residency.
- New Hampshire does not have minimum processing time, which means less time for divorce finalizations.
How long do you have to be separated before divorce in VA?
The parties should live apart and separate for six months (without children) or twelve months (with children) to file their no-fault divorce in Virginia. The divorce grounds in Virginia in a “no-fault” lawsuit are on the basis of whether both parties are living separately for a specific period:
- 6 months: The state of Virginia requires a legal separation period of six months if the couple does not have minor kids. The couple should have also signed a signed PSA or Property Settlement Agreement to apply for the six-month period.
Else, couples who do not have minor kids have to also live apart and separate for 12 months.
- 12 months: If a couple has minor kids, the required period of separation is 12 months.
- Intention of a permanent separation: The state of Virginia also needs that at least one of the parties should have the intent to opt for a permanent separation. However, intent may not be easy to prove in the court as it only exists in the mind of a person.
You should note this point when there is a plan to live in the same house with your spouse during the 12/6 -month separation period.
How long does it take to get a divorced?
The law of the state where you reside will determine how fast your divorce can be finalized. The key considerations to ascertain how quickly your divorce process will be complete. These considerations are listed below:
- Are you meeting to the Divorce Residency Requirements of your state?
- Does the state where you reside needs your spouse and you to stay at different residences for a specific period before getting divorced?
- Does the state where you live needs you to wait for a specific period of time prior to finalizing or filing for the divorce?