How long does a divorce case take? The answer to this question depends on the complexity of the issues that need to be resolved. According to Jensen Family Law, handling divorce cases in Arizona, an average divorce case can take anywhere between six weeks and one year, depending on the issues involved in your particular case. Some cases get filed, but the parties get back together, settle their dispute amicably, or decide not to pursue the case. Other times, litigants already have a workable agreement before filing but choose to use the court’s judicial process because they don’t want it to look like they didn’t look at all their options before divorcing or so a judge can have input in finalizing their agreement.
How Long Does It Take To Get Over A Divorce Case?
The question of how long a divorce takes to complete is not easy to answer, as each case is unique, and the complexity of each case can vary greatly. You are likely to hear a wide range of estimates for how long your divorce will take, from your first consultation with a divorce lawyer to the final hearing or trial. If you are looking for an estimation of how long your case will take, it is best to discuss this with your lawyer at the outset.
The first stage is the filing of the divorce papers in court. One spouse can usually do it without the other’s consent (although there may be a court hearing before the divorce is approved). Once this has been done and served on the other spouse, you get granted a “temporary order” for custody, visitation, child support, or spousal support. These orders will last until your case is completed or modified by another court order. You should receive a court date within several weeks of filing your papers. Depending on how busy your local court calendar is, you may have to wait several weeks or even months before your case gets called for trial. A trial aims to resolve disputed issues of fact and law. Even if there are no disputed issues, a trial may still be necessary to determine any remaining uncontested issues between the parties.
How Long Does It Take For A Divorce Case To Get Started
It takes about two days to get started and 10-20 years to get over. A divorce case can get started very quickly. A person can file a complaint about divorce in the morning and have it served on their spouse that afternoon. A divorce case can be filed in the family court where either of the parties resides. Before filing a divorce case, you should consult an attorney to discuss your particular facts and circumstances and possible defenses that may be raised in your case.
Once you decide to proceed with a divorce action, your lawyer will file a Summons with Notice or a Summons and Complaint on your behalf and serve them by mail to your spouse. Your spouse will have 20 days from the date of service to respond to these papers by serving and filing an Answer, Affidavit of Defendant, Separation Agreement (if you have one), and any other appropriate documents. If your spouse does not appear or file papers in response, they are in default. If this occurs, you will have to prepare an Affidavit of Default which will be submitted to the court. If there are children involved in the case, then both parties will be required to attend a mandatory parenting class.
Many factors can contribute to the length of time taken in a particular case, such as :
- Is there any complexity in the financial position of one or both parties?
- Are there children involved, and what are their ages?
- Does either party have significant assets, such as real property (a house), overseas investments, or family trusts?
- Is there any urgency surrounding the proceedings?
- Are both parties willing to be cooperative and make decisions together?
- Is there anything that could delay the case further (e.g., delays in obtaining valuations or financial information)?
When it comes to divorce, the length of time it takes for a case to settle varies depending on the complexities involved. When parents cannot agree on child custody, child support, or spousal support, the case may take longer. If one party is uncooperative or has hidden assets, these issues can cause your case to drag out. Generally, the more complex the issues involved in a contested divorce, such as property division and spousal support, the longer it takes to resolve your case. For example, if you are involved in a custody dispute, a judge will want to make sure that all available facts have been presented before rendering a decision. If one parent has a history of drug use or domestic violence, this can complicate matters and drag out the process. Generally speaking, this complex divorce can take 18 months to two years.