It is true that divorce is an indication that something changed or went wrong within a relationship. And it’s gotten to the point where separation is a desirable outcome for one or both of the individuals. However, it does not always entail drama and fighting.
There are instances where divorce is consensual, and even amicable. And divorces like these, in which the two spouses can come to an agreement on issues such as finances and child custody without the court’s interference, are called uncontested divorces.
This type of divorce usually takes much less time and costs a lot less money than one that is contested.
If you are wondering how long an uncontested divorce takes, you are in the right place. This article explores a typical timeline of an uncontested divorce as well as the factors that affect its length.
How Long Does An Uncontested Divorce Take?
There’s no precise timeline for how long an uncontested divorce takes. It truly depends on variables that differ case-by-case.
Generally speaking, uncontested divorces are shorter compared to other types. On average, it takes four to five months for an uncontested divorce to get finalized.
Which Factor Most Affects the Length of Uncontested Divorce?
Different factors weigh into the divorce process and affects how long one takes. Additionally, divorce laws differ from one state to another in the U.S.
The factor that most significantly impacts the length of divorce is the sheer number of issues present in a case. Common issues to contest include child support, child custody, and property division.
Although these issues can still be present, in an uncontested divorce, by definition, they do not pose a problem because they have been mutually agreed upon beforehand.
With that in mind, the range for uncontested divorces is about one to six months. However, it may take longer, due to the steps required for completion in the divorce process.
Other Factors Affecting the Length of Uncontested Divorces
Other factors can also affect the length of an uncontested divorce. One factor is if one of the spouses requests a temporary court order.
Temporary court orders are used to block a spouse from taking actions such as selling assets. You or your spouse can issue a temporary court order, during a hearing when both spouses are present.
Another length-affecting factor is when the judge requests a hearing. However, cases like these are rare in an uncontested divorce.
In an uncontested divorce, divorce lawyers are not always necessary. This is especially true if you and your spouse have settled all issues before filing for a divorce.
When Should You Hire an Attorney?
Although a lawyer is not necessary, you may want one if you have problems understanding some aspects of the divorce.
Additionally, they help ensure that you come to a fair settlement. The cost of a divorce attorney is still far more affordable than the cost of a contested divorce.
Tips to Make Uncontested Divorce Quicker:
- Settle everything with your spouse before filing for a divorce; make sure to put it in writing.
- Prepare in advance; this means financially, emotionally, mentally, and etc.
- Understand the latest divorce laws in your state.
- Set realistic expectations.
And there you have it! So long as you are filing for an uncontested divorce, it should be relatively quick and simple, compared to the other divorce processes.