Several factors can speed up or slow down the process of getting a divorce. Some of these factors are out of your control, but there are things you can do to reduce how long your case will take.
Factor #1: Mandatory Waiting Periods
Nearly all states have waiting periods before you can complete a divorce. Most states require a mandatory waiting period between the filing of your divorce petition and when the court will issue your final divorce decree.
- In Washington state, the mandatory waiting period is 90 days. If the spouses have children, Washington also requires both parents to attend county-approved parenting classes to help mitigate the effects of divorce on children (you don’t have to attend classes together).
- In Oregon, there is no mandatory waiting period, but the respondent has 30 days to respond to the divorce petition. If there are children, many counties in Oregon require parents to complete a court-approved parent education class before finalizing a divorce.
Note: In other states with mandatory waiting periods, it typically ranges from 30 to 90 days, although some states require waiting up to 12 months. Some states also mandate a period of separation (living apart) before you can even file for divorce. If you or your spouse currently lives in one of these states, contact an attorney to learn more about this requirement.
Mandatory waiting period laws aim to reduce impulsive or unnecessary divorces, as they allow time for counseling or reconciliation. It also gives couples with children time to plan for co-parenting, minimizing the negative effects of divorce.
Factor #2: The Amount of Conflict in Your Divorce
The amount of conflict between you and your spouse directly correlates to how long it will take to get a divorce.
If your divorce is uncontested (you agree on all issues), you can typically finalize your divorce as soon as you have met your state’s waiting period requirements.
If your divorce is contested, meaning that you and your spouse disagree on some or all issues (like property division, child custody, or child support), it can take much longer to finalize a divorce. You will have to, at the very least, work through the issues in negotiation. This can take several months, depending on the issues. And if your conflicts result in the need for a trial, then it can take many more months – sometimes over a year – to resolve everything in court.
Factor #3: The Complexity of Your Divorce
Complex divorces often take longer to resolve. If you have serious custody/parenting issues, own a business, have significant assets, or if there are international or interstate issues, it can take a while to sort out the details of your divorce. It may take longer to obtain and prepare all the necessary information to get a complete picture of your relationship and what your divorce should entail. You may need expert evaluators, a parenting investigation, medical evaluations, forensic accounting specialists, or other special information.
Speeding Up the Divorce Process
If you would like to speed up the process of finalizing your divorce, there are ways to do so:
Attempt to waive the mandatory waiting period
In some states, you may petition the court to have the mandatory waiting period waived. These tend to be approved only if you are filing for an uncontested divorce.
Act early
One of the easiest ways to expedite the divorce process is to be well-prepared.
- Gather the information relevant to your divorce (financial documents, parenting information, etc.).
- Meet with an attorney early in the process to figure out what additional information you will need from your spouse or others to have a complete picture of your marriage and divorce.
- Later, if necessary, you can seek additional information that you need through discovery.
Cooperate with the process
Cooperating with your spouse in the lead-up to, and during, the divorce can go a long way toward speeding up the process. Cooperation does not mean that you should simply agree to everything your spouse requests. You probably should not! You should, however, follow deadlines, respond to requests for information, and communicate in a timely manner.
When both spouses cooperate during a divorce, there are generally fewer court appearances. When everyone shares information and fully participates in the process, settlement discussions occur sooner and are more effective. This is especially true in more complex divorce cases, where you must gather and analyze a substantial amount of information.
Avoid unnecessary conflict
When couples are engaged in a high amount of conflict, there is often increased back-and-forth between the parties, more delays, and more court appearances. They are usually unable to come to agreements that narrow the issues, which can prolong the process for several months. Some conflict is often necessary. Do not expect to agree with your spouse on everything immediately. Instead, be guided by common sense and good legal advice regarding what areas to focus on.
Try mediation in lieu of a trial
If you cannot resolve your case through agreement, mediation, or an alternative dispute resolution process, you will need a trial. Trials are often scheduled months or even over a year after the divorce petition is filed. Litigation can also take a long time, especially if a continuance is requested and granted (this is when one or both sides ask for a delay in the trial due to special circumstances). Since waiting for a trial can take months, mediation is often a faster alternative to going to court.
Mediation allows you to meet with a neutral third party to discuss the issues in your case and work toward an agreement. The mediator can provide feedback during the mediation to help you evaluate your case and identify the issues on which you and your spouse disagree. Settling the case outside of court through mediation can save both time and money. However, mediation is not always the most appropriate option, depending on your specific situation. Please discuss with your divorce lawyer if mediation is a good option for you.
After You’re Divorced
There may be additional matters to address after you are officially divorced that will extend the time it takes to implement the orders set out in your divorce. These can include, for instance:
- Directing the division of any retirement plans with a Qualified Domestic Relations Order (QDRO)
- Transferring titles of property
- Updating your estate plan and changing the beneficiary designations on your insurance policies
- Name changes
More Information
Please be advised that family law cases can be very complex and are different for everyone, based on their personal, unique circumstances. Work with your divorce attorney to determine the path that helps you achieve the results you want in a timeframe that works for you.