Deciding to get a divorce can be an agonizing decision, but often once the decision is made you wish it would be settled quickly. Divorce can seem to take a very long time and be quite a complex process. Here are some of the main reasonswhy divorce can take so long:
One of the most significant indicators that why a divorce will take so long is whether or not it is contested. A contested divorce is filed by one party and the other party does not want it. In contested divorces there are many factors that delay the divorce proceedings. This could be due in part because the other spouse is hoping to work on the relationship and avoid divorce, or it could be because they want to contest each item in the divorce petition.
Mandatory waiting periods can also slow down the divorce process. Depending on the state in which you file for divorce, there could be different requirements in relation to waiting periods. These waiting periods will also be different if you have children.
Getting through the court system itself can cause significant delays in divorce timing. Even in uncontested divorces where both parties agree on every aspect of the divorce, you will be waiting for a docket time with a judge in order to have the divorce finalized. The court systems are notoriously backlogged with cases. It typically takes a minimum of two to three months just to have your case seen by a judge.
If you have children you can expect your divorce case to take longer. Not only are waiting periods longer in some states if you have children, often there are child custody requirements that must be met by both spouses. These requirements often include classes that you must attend in relationship to children and divorce. During these mandatory classes you will learn about custody, visitation, and even child support issues that relate to children and divorce.
Division of assets and marital property can significantly slow down the divorce process. If you are filing and uncontested divorce and you and your soon to be ex agree on all of the division you can speed up this process. Working out the details between the two of you can help to save not only time but money. Fighting over assets and distribution of property can mean countless meeting with attorney, in court, and in the end adds only more time and more cost to the divorce process.
When choosing to file for divorce, you need to understand there are some specific requirements that need to be met. The more amicable you and your soon to be ex are, the quicker and smoother the process of your divorce will be.
Knowing why a divorce takes so long is the first step in getting a smooth, quick divorce. It is a good idea to seek a divorce mediators advice and guidance to avoid the process from becoming long and drawn out. Please contact us at Common Ground Divorce Mediation for a Free Consultation.