A Divorce Timeline: How Long Will My Divorce Take?

If you are going through a divorce or a dissolution of marriage, you may not know what to expect. After all, divorce is a complicated legal process. It can be full of unpleasant surprises and frustrating delays. 

The following chronology gives a general idea of how an average divorce will proceed. However, your divorce may not follow the timeline below because of specific issues between you and your spouse or specific laws in your state.

Learn more about state-specific laws by downloading FindLaw's Guide to Getting a Divorce.

1. Starting the Divorce Legal Process

To start the divorce, one of the spouses hires a lawyer to draft a divorce petition, also known as a complaint. A divorce petition is a legal document that says why the spouse wants a divorce and how he or she wants to settle finances, custody, and other issues.

A family law attorney will help you navigate this aspect of the process. An attorney will also advise you if a legal separation is necessary while the divorce proceeds. A legal separation can establish child custody and child support or spousal support during the divorce.

You may also choose to represent yourself. This may be a good option if you have an uncontested divorce. You could get a summary divorce if you don't have children or many assets subject to marital property distribution. In most states, couples who meet the requirements for an uncontested divorce can file a petition for summary dissolution.

If you or your spouse are in the military, the location where you are currently stationed is a place you can file. But, there are rules to protect active duty servicemembers from civil lawsuits.

2. Filing and Serving the Divorce Complaint

The divorce lawyer files the petition or complaint with the court. There will be a filing fee required. Some states may also require that you and your ex-spouse live apart for a certain amount of time or have a waiting period before you can file for dissolution. Some states will require a waiting period after you file before you can move forward.

Usually the lawyer or the court arranges for a process server to serve the divorce complaint upon the other spouse, along with a summons requiring that spouse's response. The other spouse will be referred to as a “respondent." Avoiding service of process will not prevent a divorce.

In some jurisdictions, the county sheriff may serve legal papers instead of a professional process server. If your divorce case involves domestic violence, law enforcement in some counties will serve the papers free of charge.

Process servers can serve your spouse within a few days after filing a divorce petition. But, this depends on their workload, how quickly they can locate your spouse, and any specific requirements of your jurisdiction.

Divorce Filings With Minor Children

In divorce proceedings involving children, there are additional filings. These filings include child custody and child support papers. A divorce case with minor children also involves issues such as:

• Parenting time
• Health insurance coverage
• Claiming children on tax returns

It could be necessary to get temporary orders for these matters while the divorce is pending.

Divorce Filings Involving Marital Property Distribution

Seeking legal advice is a good idea to avoid waiver of various rights, including:

• Marital property
• Spousal support
• Other rights

A family law attorney can help you through the legal process. They can also help advise you on the equitable distribution of assets and liabilities. This distribution includes agreements relating to:

• Bank accounts
• Retirement accounts
• Real estate
• Credit card balances and other liabilities

Legal advice is especially beneficial if your marital property includes significant assets or if you have a contested divorce.

3. Receiving Your Spouse's Answer to the Divorce Complaint

The served spouse has to answer your petition within a certain amount of time, usually about three weeks. The answer or response says how the served spouse would prefer to deal with divorce decisions. The answer will also say whether the served spouse agrees with the petition. If they don't answer the petition, the court assumes they agree to its terms and will grant the divorce as a default divorce.

Maybe your spouse just served you with dissolution papers in a divorce case. You can tell the court what you want to recover in the divorce. This includes issues such as:

• Child custody
• Child support
• Spousal support or alimony

You must answer within the deadline set by state law. In responding, you can fill out the court forms yourself, at a legal clinic, or with the help of an experienced divorce lawyer. Consider hiring an attorney if there are disagreements about what to do with children or property.

4. Starting the Property Division Process and Exchanging Documents

The couple exchanges documents and information about issues such as property and income. By examining this information, the couple and the court can decide how to divide up property and how to deal with child support and spousal maintenance or alimony.

The attorneys will help the couple determine marital property, like which is community property and which is separate property.

5. Entering Mediation or Settlement

Sometimes, the couple can voluntarily resolve some or all of their issues through mediation. Some states require mediation to help reach a property settlement and a parenting plan. During mediation, the couples and their attorneys will negotiate the divorce terms. These mediation meetings may be called settlement conferences.

If a settlement is reached, the marital settlement agreement is shown to a judge at an informal court hearing. The judge will ask a few basic factual questions and whether each party understands and chooses to sign the agreement.

6. Obtaining Court Approval for a Settlement Agreement

If the judge approves the agreement and there is an uncontested divorce settlement agreement, the judge signs a divorce decree that shows what they agreed to. The couple is then legally divorced.

If any issues are contested, or the judge does not approve the marital settlement agreement, the next step is for the divorce case to go to trial. The court clerk's office will set a trial date.

7. Proceeding to a Divorce Trial

If your divorce case goes to trial, you must present evidence. This evidence can include documents and testimony from witnesses. Evidence aids the judge in making decisions about your property, parenting time, and support before issuing the court order in your divorce case.

Once the judge has reached their decision, the judge grants the divorce. They will sign the divorce papers and enter a final judgment for the couple. This will legally close the divorce proceedings and result in the dissolution of the marriage. The divorce is complete.

8. Appealing the Judge's Decision

Either or both ex-spouses can appeal a judge's decision to a higher court. But it's unusual for an appeals court to overturn a judge's decision. Also, settlements usually cannot be appealed if both spouses agree to their terms. But if something needs to change, like the child custody arrangement, you may be able to ask a court to modify the divorce decree.

A Divorce Timeline: Wrap-Up

It's hard to say how long or how time-consuming these steps will take in your case and your state. The entire process can take from as little as a few months to as long as several years. For instance, in Texas, the spouses must wait 61 days after filing their divorce petition, whether contested or not. The more the couple can cooperate and make reasonable compromises, the smoother and faster the divorce will go.

If a situation may result in a hotly contested divorce, there may be options for spouses who feel in danger. If there is fear of domestic violence, courts may get involved by issuing temporary orders, such as restraining orders and temporary child custody arrangements.

If you are in an unsafe relationship, it is advisable to have an attorney on your side. For more information about the resources available, please see FindLaw's section on Domestic Violence.

How Long Does It Take for a Judge to Sign a Divorce Decree?

How long it takes for a judge to issue a final decree of divorce depends on several factors, like the jurisdiction granting the divorce and the court’s schedule. The specifics of the divorce, namely whether both spouses agree on all terms of the divorce, also plays a significant role.

But, there are some general timeframes you can expect before your divorce is final. Uncontested divorces move the fastest. These divorces can take between a few days and a few weeks for a judge to review and sign the decree.

It will take longer if your divorce requires a trial or additional hearings. Contested divorces can take several months (or even over a year) to finalize.

Sometimes county courts have significant backlogs, which can further delay the signing of the divorce decree. Whether your state requires a mandatory waiting period after you file will also affect the timeline for finalization.

An attorney experienced in divorce cases in your state can provide a more precise estimate based on your circumstances.

Successfully Navigate Your Divorce Timeline With an Experienced Attorney

A knowledgeable divorce attorney can safely guide you through the divorce timeline and protect your peace of mind, often spotting issues before they become real problems. The divorce process can be complicated and full of emotions.

From initial coaching on what documents to bring to your first consultation through guidance on hearings, trials, and court orders, a divorce attorney will fight for your best interests. They will provide helpful and resourceful legal advice for your divorce case.