How long will the divorce process take?
Unfortunately, state laws vary, and it can be difficult to determine exactly how long a divorce will take in your state. All states allow for no-fault divorces, but some states require couples to live "separate and apart" for months. Consider, however, after your state's divorce requirements have been met it may not take too long to complete the actual divorce process.
What can delay my divorce process?
What can delay the divorce? If you and your spouse cannot agree on complex divorce issues such as child support, spousal support, child custody or property distribution the divorce process can be long and tedious. For instance, a divorce may take longer if there are two attorneys, if there are issues of abuse or neglect of children, if a guardian ad litem must be appointed, whether or not the case goes to trial, the county where the case is filed, involvement of experts, and other case specific factors.
How can I speed up my divorce?
How can you speed up your divorce case? If both parties agree to an uncontested divorce, and if you and your spouse agree to a parenting plan, child support plan, and property and debt division, in some state, a divorce could be completed in as little as 45-60 days from the date of filing. If you and your spouse are not in agreement but are able to use alternative divorce resolution strategies, such as mediation, to come to an agreement and avoid a trial, your divorce may be completed within six months.
What if the divorce is contentious from the beginning to the end? If you have a contested divorce that must go to trial but can be resolved without extensive motions and appeals, you may be able to complete your divorce within six months to one year. Consider, however, if your case is appealed after the trial completing your divorce will take longer than a year.
If you are considering divorce the best thing to do is to talk to a divorce lawyer who can review your case and discuss how your state's laws and other factors can impact the time it will take to complete your divorce.
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Chapter 7 can discharge unsecured debts immediately; Chapter 13 requires a payment plan to repay debts.