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 first step in divorce is filing a Summons with the court by the party wishing to end the marriage. The Summons must also be served to the other spouse, known as the defendant. If the defendant willingly accepts service and signs an Affidavit, the divorce documents are promptly filed with the court. The defendant has twenty days to respond, and failing to do so allows the plaintiff to proceed with filing. Alternatively, the defendant can sign the documents in the presence of a notary public, indicating no intent to contest the divorce. In this case, the plaintiff also signs the documents, and they are filed with the court.
Filing Divorce Papers with the Court
After signing and notarizing divorce papers or when the defendant’s response time ends, file these documents with the court clerk in the plaintiff’s county. Finalizing an uncontested divorce varies, typically taking 6 weeks to a year for judge approval and judgment signing. For specific duration details, consult your attorney or the county court clerk’s office. After judgment signing, a waiting period before remarriage may apply, with the option to file an appeal if needed. Your attorney can guide you on this provision’s applicability to your case.
Source:
- Redmond, Jodee. “How Long Does an Uncontested Divorce Take?” LoveToKnow, LoveToKnow Corp, divorce.lovetoknow.com/how-long-does-uncontested-divorce-take.
