Divorce Help 101
Divorce Timeline
Many times people will be curious as to a time line for how long a divorce will take. Depending on the issues in your particular case and the law in your particular state, it is possible to have a divorce be done in a little as 30 days to as long as 2 or more years.
However, understand that these are the extremes and are not to be expected in every case. The more you and your spouse can work together, the sooner you will be able to conclude your divorce.
In some states there are very particular events which must occur to allow you to actually be divorced, but this does not mean that you cannot go ahead and resolve all of the other issues from your marriage and later obtain your divorce. Understand that the issue of the divorce, that is the actual dissolution of your marriage, is but one issue you must resolve. It is quite common for people to settle issues such as children’s issues, property issues, financial issues and other related matters prior to being divorced. This allows people to reach closure with the important non-divorce related issues and move on with their lives.
A general timeline for a divorce is as follows. It is important to realize that the events may vary from state to state as divorce laws are different all over the country. It is also important to realize that at any point in a divorce you and your spouse can absolutely settle all of the issues existing between you except for the issue of the dissolution of your marriage as that can only be done by a Court. There is no time estimate given for these events as their timeframe will vary from state to state and from case to case.
-Initiation of proceedings. This does not always mean the actual filing of a divorce action. It may simply be the point which you hear the words, “I want a divorce.” It may also be the point when you realize that it is time to learn your options in regard to this matter so you can inform you spouse that you want a divorce.
-Consultation with an attorney.
-Potential efforts to settle your case. This may be asking the question, “Can’t we work it out?” and receiving “No!” as an answer, or it may be substantial pre-suit negotiations exercised in an effort to bring closure sooner rather than later.
-Filing of a divorce lawsuit or complaint for divorce. This can sometimes be required even if the goal is to settle your case.
-Preliminary/Temporary Hearing. This hearing will be held soon after your divorce lawsuit or divorce complaint is filed. At this hearing you will address temporary issues such as child custody, child visitation, child support, spousal support/alimony, possession of real and other property, payment of debts, restraining orders and other time sensitive issues. It is also possible to settle these issues outside of Court and avoid a hearing.
-Litigation preparation. During this process you and your attorney will develop your case and gather information about your spouse’s case. This may include serving and responding to formal discovery, the taking of depositions, the use of experts and other measures designed to prepare your case for trial. This is without question one of the most financially costly parts of a divorce and also one of the lengthiest.
-Alternative Dispute Resolution. While this may occur at anytime in your case, this is the most likely point during which it will occur.
-Settlement by Agreement. This too can occur at any point in your case. If you are able to do this, your case will be concluded except for going before a Court to approve your agreement and ultimately grant your divorce.
-Trial. If all else fails, you will present your case at a trial. Generally in divorces the trial is held before only a judge, but in some states there is a right to a trial by jury for a divorce. Following the trial the judge will issue an order, though this may take up to 90 or more days. This to can be a very costly part of this process
-Appeal. In the event that a party is not satisfied with the result at the trial and there were errors that occurred at trial, you may determine to appeal your case to a higher Court for review. This too can be a costly and time consuming part of the divorce process.
The important thing to remember in the entire divorce process is that the more you and your spouse can work out between yourselves, the quicker you can move on and the more you will save financially. It has often been said that the only winners in a divorce are the attorneys. There is a great deal of truth to this statement as the longer the case continues the more money attorneys make.
Disclaimer
However, understand that these are the extremes and are not to be expected in every case. The more you and your spouse can work together, the sooner you will be able to conclude your divorce.
In some states there are very particular events which must occur to allow you to actually be divorced, but this does not mean that you cannot go ahead and resolve all of the other issues from your marriage and later obtain your divorce. Understand that the issue of the divorce, that is the actual dissolution of your marriage, is but one issue you must resolve. It is quite common for people to settle issues such as children’s issues, property issues, financial issues and other related matters prior to being divorced. This allows people to reach closure with the important non-divorce related issues and move on with their lives.
A general timeline for a divorce is as follows. It is important to realize that the events may vary from state to state as divorce laws are different all over the country. It is also important to realize that at any point in a divorce you and your spouse can absolutely settle all of the issues existing between you except for the issue of the dissolution of your marriage as that can only be done by a Court. There is no time estimate given for these events as their timeframe will vary from state to state and from case to case.
-Initiation of proceedings. This does not always mean the actual filing of a divorce action. It may simply be the point which you hear the words, “I want a divorce.” It may also be the point when you realize that it is time to learn your options in regard to this matter so you can inform you spouse that you want a divorce.
-Consultation with an attorney.
-Potential efforts to settle your case. This may be asking the question, “Can’t we work it out?” and receiving “No!” as an answer, or it may be substantial pre-suit negotiations exercised in an effort to bring closure sooner rather than later.
-Filing of a divorce lawsuit or complaint for divorce. This can sometimes be required even if the goal is to settle your case.
-Preliminary/Temporary Hearing. This hearing will be held soon after your divorce lawsuit or divorce complaint is filed. At this hearing you will address temporary issues such as child custody, child visitation, child support, spousal support/alimony, possession of real and other property, payment of debts, restraining orders and other time sensitive issues. It is also possible to settle these issues outside of Court and avoid a hearing.
-Litigation preparation. During this process you and your attorney will develop your case and gather information about your spouse’s case. This may include serving and responding to formal discovery, the taking of depositions, the use of experts and other measures designed to prepare your case for trial. This is without question one of the most financially costly parts of a divorce and also one of the lengthiest.
-Alternative Dispute Resolution. While this may occur at anytime in your case, this is the most likely point during which it will occur.
-Settlement by Agreement. This too can occur at any point in your case. If you are able to do this, your case will be concluded except for going before a Court to approve your agreement and ultimately grant your divorce.
-Trial. If all else fails, you will present your case at a trial. Generally in divorces the trial is held before only a judge, but in some states there is a right to a trial by jury for a divorce. Following the trial the judge will issue an order, though this may take up to 90 or more days. This to can be a very costly part of this process
-Appeal. In the event that a party is not satisfied with the result at the trial and there were errors that occurred at trial, you may determine to appeal your case to a higher Court for review. This too can be a costly and time consuming part of the divorce process.
The important thing to remember in the entire divorce process is that the more you and your spouse can work out between yourselves, the quicker you can move on and the more you will save financially. It has often been said that the only winners in a divorce are the attorneys. There is a great deal of truth to this statement as the longer the case continues the more money attorneys make.
Disclaimer
