An uncontested divorce is supposed to take less time in comparison to contested divorce procedures. However, it is still not clear about how much time will it take for an uncontested divorce case. It would be important to understand the timeline and requirements that will help you in setting the realistic expectations for the case.
If you are looking for such clarification about the timeline of the uncontested divorce, then you are at the right place. In this article, we will discuss the uncontested divorce and how much time it will take to complete the case. If you want more clarification, then you can consult an experienced lawyer or law firm such as the Harris Firm who can guide you more effectively about uncontested divorce.
What Does Uncontested Divorce Involve?
An uncontested divorce is a procedure in which both the spouses are at agreement for the divorce. They have to negotiate and deal with the key issues such as property division, support arrangement, and child custody. It tends to take less time in comparison to contested divorce cases as it takes less intervention from the courts.
- The first thing that is involved in uncontested divorce is residency requirement. If you are filing a divorce petition in a particular jurisdiction, then one of the spouses must be a resident of that particular jurisdiction.
- For uncontested divorce there must be agreement on key issues such as asset division, child custody, child support, debt allocation, visitation, and spousal support.
- The third step will be to file the petition for divorce in the court as it will be a legal notice to start the divorce process.
- After filing the petition, there would be a waiting period of 60 days. This cooling-off period will give ample time for both the parties to reflect and prevent any kind of hasty decisions.
How Long Does Uncontested Divorce Take for its Final Decision?
It is important for us to understand the timeline for uncontested divorce. The timeline depends on various factors including the waiting period. So, let’s understand how long does it take for an uncontested divorce.
- Initial consultation and paperwork is considered as an important factor that will decide the timeline for the divorce. It is important for you to consult with an attorney who can help you in dealing with the initial consultation and paperwork. This process will take at least two weeks to complete.
- Filing the petition will be the next step in which the attorney will draft the divorce petition and this procedure also takes around one-two weeks for the case.
- After filing the petition, the divorce papers must be given to the spouse through different types of services. It depends on the service method, it would take around two-four weeks.
- Once the message is served to the other spouse, then there will be a waiting period of 60 days for both the parties to understand or review their decision.
- After the waiting period their divorce procedure will be completed in the uncontested divorce with the final hearing. The uncontested divorce will take less time in comparison to a contested divorce case.
So, these are some of the factors that decide how much time will it take for the uncontested divorce. For an estimation we can understand that it will take around three or four months to complete this case. However, in some cases with court backlog, or attorney availability or any unforeseen situation can lead to delays. In some cases with incomplete documentation, disagreements or some other problems can lead to delays or else the uncontested divorce takes less time in comparison to contested divorce cases.