Divorce is rarely simple, emotionally or legally. One of the most common questions our divorce lawyers hear is: “How long does a divorce take?” The answer, as with many legal matters, depends on several factors, including where you live, how cooperative each party is, and the complexity of your circumstances.
In this article, we’ll walk through the average timelines, what can speed things up or slow them down, and what you can expect at each stage of the process.
Average Divorce Times
On average, an uncontested divorce can take anywhere from a few months to about a year, while contested divorces often stretch beyond a year and sometimes even two or more years. The length largely depends on whether the spouses agree on major issues like property division, child custody, and spousal support.
Here are some typical scenarios:
- Uncontested divorce: Around 3–6 months after filing.
- Contested divorce: 12–24 months or longer.
- Mandatory waiting periods: Many states require a waiting or “cooling-off” period, typically ranging from 30 to 90 days before a divorce can be finalized.
It’s important to remember that these are just averages. Your divorce could take less time—or more—depending on your situation.
Key Factors That Affect How Long a Divorce Takes
Several variables influence the timeline of a divorce. Understanding these can help you set realistic expectations.
1. Contested vs. Uncontested
Perhaps the biggest factor is whether the divorce is contested or uncontested.
In an uncontested divorce, both spouses can agree on all the major issues. Since there are no disputes for the court to resolve, the paperwork can move through relatively quickly.
In a contested divorce, things must be worked out through negotiation, mediation, or even trial. This significantly increases the time the divorce process takes.
2. State Laws and Waiting Periods
Every state has its own rules regarding divorce, and most impose a waiting period before granting a final judgment. Some states even have residency requirements that must be met before filing. For example, you may have to live in your state for six months prior to filing.
In Illinois, at least one spouse must have lived in the state for a minimum of 90 days before filing for divorce. Illinois also requires a waiting period of six months of living separate and apart before the court will grant a no-fault divorce, although this can sometimes be waived if both parties agree.
3. Complexity of the Case
The more complicated your situation, the longer your divorce may take. Factors like high-value assets, business ownership, pensions, and debts can all require additional time to sort out. If minor children are involved, determining custody arrangements can also lengthen the process.
4. Court Backlogs
Unfortunately, the speed of the court system itself can be a bottleneck. Some jurisdictions are overwhelmed with cases, meaning it may take weeks or months just to get a court date.
5. Cooperation Between Parties
How willing both parties are to cooperate plays a significant role. If both spouses are open to compromise and communication, they can often resolve disputes through mediation or settlement instead of going to trial. This can save months—or even years—of legal wrangling.
Stages of the Divorce Process
It can help to understand the steps of the divorce process and how much time each stage generally takes:
Filing the Petition
The process begins when one spouse files a divorce petition with the court. This includes serving the petition to the other spouse. This stage typically takes a few weeks.
Waiting or Cooling-Off Period
Many states require a minimum waiting period before a divorce can be finalized. During this time, couples may attempt reconciliation, negotiate terms, or simply wait until the mandatory period expires.
Discovery and Negotiation
If the divorce is contested, both sides exchange information about finances, property, and custody preferences. Negotiations, mediation sessions, and hearings may follow. This stage can take several months, particularly if the parties cannot agree.
Trial (If Necessary)
If disputes cannot be resolved outside of court, the case may proceed to trial. Scheduling and preparing for a trial can add several months—or even over a year—to the timeline.
Final Decree
Once all issues are resolved and the waiting period has passed, the court issues a final divorce decree. This legally ends the marriage.
How to Make Divorce Faster and Smoother
While some factors are outside your control, there are steps you can take to make the process as efficient as possible:
- Work toward a settlement outside of court whenever possible.
- Be responsive to your attorney’s requests for documents and information.
- Attend mediation with an open mind and a willingness to compromise.
- Keep the focus on resolving issues rather than assigning blame.
By approaching your divorce proactively and constructively, you can reduce delays and emotional strain.
When to Contact a Divorce Attorney
Even if your divorce seems straightforward, working with an experienced attorney can help avoid pitfalls that may delay the process. An experienced divorce lawyer can:
- Explain your rights and obligations clearly.
- Help you draft a fair settlement agreement.
- Represent your interests in negotiations and court.
- Keep the paperwork moving through the system efficiently.
At Crosby & Crosby Law, we understand how stressful divorce can be, and we’re here to help you move forward with confidence and clarity.
Start the Process Today with Crosby & Crosby Law
So, how long does a divorce take? The honest answer: it depends. But with the right legal guidance, you can minimize delays and focus on building your future.
At Crosby & Crosby Law, our team is committed to making your divorce as smooth, efficient, and fair as possible. Whether your case is simple or complex, we’ll be your trusted partner every step of the way.
Contact Crosby & Crosby Law today to schedule your consultation and take the first step toward a brighter tomorrow.
