A common question many people that are wanting to end their marriage might ask their attorney is, “How long is my uncontested divorce going to take?”
Uncontested Divorces
An uncontested divorce is a divorce in which the parties are able to come to agreements about the matters that will make up the conditions of the divorce judgment. These comprise of:
- Child support
- Marital property division
- Custody
- Visitation
This does not mean that each of the spouses does not have their own attorney. It’s important for each individual to seek out suitable legal advice prior to agreeing to the conditions of a divorce. In situations in which there are spousal pensions that are to be divided, other professionals, like financial advisors, need to be consulted prior to any agreement being signed. An individual seeking an uncontested divorce need to also be certain that their spouse isn’t withholding assets in the divorce prior to filing the papers. Uncontested divorces are only a good decision when both spouses agree that they want the divorce and they’re willing to focus on filing the papers instead of doing things just to hurt one another.
How Long Do Uncontested Divorces Take
The quick answer to the question is that it all depends on how long each step involved takes in getting a divorce to be finalized.
Steps it Takes in Getting an Uncontested Divorce
The primary step in getting divorced is for the individual wanting the marriage to end file a Summons to the court. The Summons needs to be served to the other spouse also, known as the defendant. When the defendant is accepting of service for the Summons and then an Affidavit is signed, then the divorce documents are filed with the court right away. The defendant has twenty days to respond, and if they do not, the plaintiff is able to file the divorce documents with the court. The defendant in addition, has the option of signing the documents in the presence of a notary public showing that they have no plan of contesting the divorce. The plaintiff additionally signs the documents in that case, and they’re filed within the court.
Filing Divorce Papers with the Court
After the divorce papers are signed and notarized or the time limit for the defendant to reply has expired, the next step is filing the divorce documents with the court clerk’s office in the county in which the plaintiff lives. After the papers are filed within the court, the question, “How long is an uncontested divorce going to take?” is totally out of the parties’ control. The time it takes to finalize the divorce by getting a judge’s approval and signing of the judgment could take some time from 6 weeks to a year. Your attorney or the county court clerk’s office in the county in which you are requesting to file for divorce might be able to answer your question of how long an uncontested divorce takes around your area. At best, they can give you an estimate. As soon as the judgment is signed, there possibly could be a waiting period where each party may remarry in specific areas. At this time is where either individual may file an appeal for the divorce judgment. Your attorney might be able to advise if the provision may be applied in your case.
Source:
- Redmond, Jodee. “How Long Does an Uncontested Divorce Take?” LoveToKnow, LoveToKnow Corp, divorce.lovetoknow.com/how-long-does-uncontested-divorce-take.
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