{"id":351717,"date":"2016-04-04T11:02:29","date_gmt":"2016-04-04T16:02:29","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/family\/divorce\/a-divorce-timeline.html"},"modified":"2024-09-16T11:19:00","modified_gmt":"2024-09-16T16:19:00","slug":"a-divorce-timeline","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/family\/divorce\/a-divorce-timeline.html","title":{"rendered":"A Divorce Timeline: How Long Will My Divorce Take?"},"content":{"rendered":"\n
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A Divorce Timeline: How Long Will My Divorce Take?<\/h1>\n\n
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\n By Natalie Moritz<\/a> | Legally reviewed by Heather Biddle, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Exact divorce timelines are specific to the circumstances of individual divorces.  A general divorce timeline can give you an understanding of the divorce process and help you manage your expectations. <\/p>\n\n <\/div>\n\n\n\n

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. <\/p>\n\n\n\n

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

Learn more about state-specific laws by downloading FindLaw’s Guide to Getting a Divorce<\/a>.<\/i><\/p>\n\n\n\n

1. Starting the Divorce Legal Process<\/h2>\n\n\n\n

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

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

You may also choose to represent yourself. This may be a good option if you have an uncontested divorce<\/a>. You could get a summary divorce<\/a> 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.<\/p>\n\n\n\n

If you or your spouse are in the military<\/a>, 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.<\/p>\n\n\n\n

2. Filing and Serving the Divorce Complaint<\/h2>\n\n\n\n

The divorce lawyer files the petition or complaint<\/a> 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.<\/p>\n\n\n\n

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 \u201crespondent.” Avoiding service of process<\/a> will not prevent a divorce.<\/p>\n\n\n\n

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

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.<\/p>\n\n\n\n

Divorce Filings With Minor Children<\/h3>\n\n\n\n

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:<\/p>\n\n\n\n