How Long Does it Really Take to Get a Divorce?
This is a question that divorce lawyers surprisingly don’t hear very often. A lot of people interested in family law learn about the one year separation period required for divorce and begin thinking that this is the only time limit they need to be concerned with. However, it is a bit more complicated than that. This article will give you a better overview of the divorce process and how long it takes to truly become single again.
To make things simpler, we will assume that all issues (child custody, child support, alimony, and property division) between the parties have been resolved. The parties have been separated for almost 12 months (the lawsuit cannot be filed until the parties have been separated for 1 year). If they separated on 2/1/22, either party can file for divorce on or after 2/2/23. With these dates in mind, a best professional estimate would be that the divorce might be final in April – at the earliest.
Establishing a Realistic Timetable for the Process
One of the parties must file a lawsuit against the other party. Yes, even if the parties have settled all other matters, a lawsuit must be filed. The party who files is the plaintiff, and the other party is the defendant. The lawsuit should be filed in either the county where the plaintiff or defendant resides.
The documents required include: a complaint; a civil summons; a civil action coversheet; and a servicemember civil relief act affidavit and related database search results. Some counties may require additional administrative forms. All these documents must be filed at the proper county courthouse, civil division, with the proper fees. (The fees at the time of this article are $225 – yours may vary depending on when you are reading this.)
After the initial filings are processed by the court, the court will return the proper number of documents to the plaintiff. The plaintiff must then properly “serve” the defendant. The law requires service in one of the following manners:
- Personal service by sheriff department (this is a $30 fee)
- Certified mailing, signature required by the defendant (this fee ranges $10-$20).
This step of the process varies in how long it actually takes. Some sheriff departments handle and serve these within a few days. Mailing time varies for the two carriers in which the documents can be mailed. On average, we find that this service step takes 1-3 weeks. But, regardless of how long it takes, the defendant must be personally served or personally sign the required proof in the mailing process. (There is another process if the defendant cannot be located, service by publication; this process adds a few more months to the time table and $100’s in costs.)
Once the defendant has been served, then he or she has 30 days to answer if served by a deputy or 33 days if the documents were mailed. Legally and procedurally, the plaintiff cannot move forward until the defendant’s time to answer has expired. (The defendant can request an additional 30 days to answer. This request for more time is always granted by the court.)
If the defendant’s time to answer has passed, then the plaintiff can move forward with the next steps without their response.
At this point, we are looking at anywhere from around 2 weeks to 2 months.
Some counties allow for the final, required documents to be filed with the clerk of court for the clerk to review and grant the divorce. This process usually takes 1-2 weeks.
If the involved county does not allow for a clerk’s divorce, then the divorce matter needs to be scheduled for a hearing before a judge. Some counties hear the cases at least once a week, some counties only hear these cases once a month. A motion and a notice of the hearing must be sent to the defendant, informing of the court date, location, and time. Some counties are still hearing these matters via Webex.
When the divorce is heard and if all documents appear to be in order to the judge, then the judge will grant the divorce. This is the finish line – once the divorce is granted, you’re done!
So How Long Does It Take?
From start to finish, the process usually takes at least 3 months, perhaps longer depending on how quickly the defendant is served and how quickly the county court schedule will allow. It can be done quicker but, given how the courts work, it very often isn’t.
These divorce laws and procedures must be followed in this process – if not, there is potential for the divorce to be set aside. There are also at least 10 required documents. Some folks mistakenly think, “Oh it has been a year – my lawyer can get my divorce for me tomorrow,”. We work as quickly as possible to obtain your divorce but hopefully this article helps you realize why it won’t be quite that quick.
Please recall that the above example does not include the 1 year separation period. As such, if you are just beginning the journey and haven’t separated from your spouse yet, you are more realistically looking at 1 year and 3 months before you are legally divorced. Divorcing folks need to be mindful of these time requirements and rules when they are thinking about their future plans, whether it be beginning a new relationship, looking at when to go on vacation, or perhaps planning another wedding. We want your divorce to be valid so you can go on with your life without issue.
If you need help with the documents and understanding the time requirements, call us at 919-787-6668 or visit our forum. We are here to help – divorce is all we do at Rosen.
