You and your spouse have a fairly contentious relationship, so you know that you’ve been moving toward divorce for some time. Once one of you eventually files for divorce, your goal becomes simple: You want to get through the process and put it behind you. You just hope the divorce can go quickly and smoothly.
So how long should you expect it to take? It really depends on a variety of factors. It may only take a few months if you have an uncontested divorce. However, it could take a year or more if there is a high level of conflict or complexity in the proceedings. Every divorce case is different and must be considered on its own merits.
Why does conflict make it take longer?
The process takes longer when there is conflict simply because the court has to help you make decisions.
For instance, you and your spouse may disagree about how to divide up custody of your child. Say you both want sole custody. If the court believes that you both have a right to shared or joint custody, then the court has to find a compromise. It can take time simply to go to hearings and other court dates, present both sides of the argument and get a decision and an official court order. On the other hand, when parents agree on a custody schedule, the court just approves it and things go much faster.
The same is true for property division. If the two of you agree about how to split up your assets, as long as the arrangement is legal, the court may simply approve your agreement. But if you can’t find a solution yourselves, the court has to issue an order. This adds a lot of time to the case as the court considers the debts and assets that you both own, along with many other factors.
As you go through your divorce, be sure you know what legal steps you can take, especially when you and your ex face significant disagreements.
