Want to Know How Long Your Divorce will Take? Find Out Here

No one wants a long, drawn-out divorce. Learn the factors that affect your divorce timeline here.

No one hopes for divorce, but when it happens, each spouse typically wants it over with as quickly as possible. The process of obtaining a divorce is often a lengthy one, which can be frustrating for those who just want to move forward with a new life. If you are getting divorced or considering it, no one can tell you with certainty how long it will take. However, there are a few factors that can help you determine how long you will need to wait before your divorce is finalized.

The Waiting Period

In Webster, couples must wait 60 days after filing for divorce before it can be finalized. This means that even when the divorce is uncontested and the couple agrees to all terms, they must still wait approximately two months before the courts will approve and finalize it. In certain circumstances, a judge may waive this waiting period. Due to the fact that judges generally approve of the waiting period, they will only waive the waiting period in extreme situations, such as when the divorce involves allegations of domestic violence.

Amicable Divorce are Faster

When the couple can agree to all the terms of the divorce, they typically need to only present the agreement to the judge. This is known as a “prove-up” in legal terms, but it is really just the process of getting the divorce finalized. While this can happen fairly close to the 60-day mark, it is unlikely that it will happen on the 60th day. The prove-up is typically a week or two after the waiting period expires. Once the couple has appeared in front of a judge and the judge has approved their agreement, the divorce is finalized.

Litigation Takes the Longest

Not all divorces end amicably. Sometimes both parties are extremely bitter toward each other. When this is the case, the peaceful alternative resolution methods of collaborative law and mediation do not work. The case must go through litigation, which takes the longest to get a divorce finalized. Litigation takes so long because it relies largely on the court schedule. Hearings are sometimes scheduled weeks or months apart, meaning it could take up to one year or longer, depending on how complex the divorce case is.

Divorces Involving Children Take Longer

When the divorcing couple cannot agree on terms involving children, such as child custody, a judge will decide these matters. This takes longer for several reasons. The first is that the case will enter litigation. Litigated matters involving children often require home visits, expert testimony, counseling, and more. All of that takes time and so, the divorce will take longer to finalize.

A Webster Divorce Lawyer can Expedite the Process

If you are getting a divorce, or considering one, the Webster divorce attorney you choose will make a tremendous difference in how long it takes. At Scott M. Brown & Associates, we can help. We know you want to finalize your divorce as soon as possible. We will do everything we can to settle your divorce out of court, negotiate effectively and aggressively with the other side, and help you get ready to start your new life. Call us today at (979) 472-7012 to speak to one of our attorneys and to learn how we can help.

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