If you are filing for divorce, you will want to know how long this will take to be finalized. This amount of time will vary depending on a range of factors. If the divorce is uncontested, it will generally be faster than one that is contested. Additionally, you will have to take into account all of the time needed to get the divorce petition ready to be seen by a judge.
The Time Given For Replies
When you file a divorce, you will need to complete a petition and have this delivered to your spouse. Your spouse will then have 20 days to reply to this. You will not be able to file the divorce petition with the court before these 20 days have passed. If there is no communication or contestation of the divorce, you will be able to file as soon as the 20 days are over.
How Long Does An Uncontested Divorce Take?
The amount of time that an uncontested divorce will take to be finalized will vary. This is a process that is completely out of your hands and will rely on the courts. Uncontested divorces can take anywhere from 6 weeks to 12 months to be finalized.
You may be able to get more information about the amount of time this takes in your county when you talk to the county clerk. However, the amount of time that they provide you with will be an estimate. There are no rules or regulations which dictate how long this should take.
Mandatory Waiting Times
It is important to note that there are a number of states that have mandatory waiting times. These waiting times are a specified amount of time between the paperwork being filed or served and the divorce moving to the finalization stage. You will need to check if your state has any mandatory waiting times and include this in your divorce estimation.
Waiting times will generally be between 30 to 90 days. This has been implemented to provide a time of reflection to ensure that both parties actually want to go through with the divorce. Once the waiting time is over, the schedule of the judge will affect when the divorce is finalized.
If you are the parents of minor children, the mandatory waiting time will generally be increased. In most states, this increase will be a month or 2. However, the state of Michigan is different and will increase the waiting time to 6 months in these cases.
Can You Accelerate The Process?
In most states, it is unlikely that you will be able to accelerate the finalization of your divorce even if you have legal counsel. Your divorce petition will be placed after the others that have been filed and will still be subject to the calendars of the judges. The only times you will be able to accelerate the process is when you get the court to waive the mandatory waiting time. This can only be done if both parties concur and the court believes it is in the best interest of both parties. To learn more about divorce process contact us or visit the website.