Divorce is one of the most emotionally challenging transitions a person can experience, and once the decision to separate is made, it’s natural to just want to “get it over with.” Unfortunately, while the desire for quick closure is completely understandable, the legal system has its own timeline.
So, how long does a divorce take? The answer depends on several factors: the type of divorce, the level of cooperation between you and your spouse, whether you have children to consider, and the requirements in your state.
We’ll break down what you can expect and why some divorces move quickly while others can drag on for months or even years.
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Average time taken to finalize a divorce
The average time taken to finalize a divorce in the US typically ranges from six months to over a year, but the process can be shorter or longer depending on the type and complexity of the divorce, along with the state’s waiting requirements.
Below, we break down how different types of divorce play out in terms of timeline.
No-fault divorces
A no-fault divorce is one where neither party is required to prove wrongdoing by the other. All 50 states now offer some form of no-fault divorce, and it’s the most common path chosen by couples seeking the dissolution of their marriage. However, some courts do allow “fault” as an alternative ground. Using fault can add time to the divorce, but also permits compromising evidence, which might otherwise be excluded, to be considered in the case.
As no-fault divorces eliminate the need to argue the grounds for divorce in court, they tend to be the faster route over ones where wrongdoing must be shown.
However, just because a couple separates without any wrongdoing does not necessarily mean the divorce will be uncontested, as the parties may still disagree on key issues, therefore increasing the time span of the divorce.
Contested divorces
Contested divorces are the most time-consuming type of divorce, as they involve negotiations and possibly litigation over critical issues, including custody, child support, alimony, and the division of assets.
As a result of these issues, contested divorces may require mediation and often legal discovery, multiple court hearings, or even a formal trial.
The timeline for a contested divorce is hard to predict, as the pace of the process will depend on how entrenched each party is in their position and their willingness to negotiate. It will also depend on how busy local courts are and the ability of each party’s lawyer to settle outside of court.
Uncontested divorces
An uncontested divorce is one where both spouses agree on all major issues before filing the paperwork, or they are able to work out the issues through mediation early in the process.
Therefore, uncontested divorces are the fastest type, as there is no need for lengthy back-and-forth.
Even in an uncontested divorce, both parties will still need to take time to review and file the paperwork correctly, submit settlement agreements, and, in some jurisdictions, appear in court before the judge can finalize your divorce. Moreover, many states have mandatory waiting periods before a divorce can be finalized, which still apply to uncontested divorces.
How long does it take for a judge to sign a divorce decree?
Once a divorce settlement is reached by both parties or a decision is made by the court, you must wait for a judge to review and sign the divorce decree.
This is the final court order that officially ends the marriage and outlines the terms of the divorce, including division of assets and custody arrangements.
The timeline for this final step in the divorce process largely depends on the court’s schedule. In some counties, a judge may be able to sign the decree within a few days after it has been submitted. However, in busier jurisdictions or if the judge identifies errors in the paperwork, the process can take a few months.
Factors affecting the divorce process
Several important factors influence how long your divorce will take from start to finish.
The following are some of the most significant:
Mediation
If you and your spouse are not in a position to move forward with an uncontested divorce, it’s likely that you’ll need to go through some form of mediation.
While mediation itself naturally extends the divorce process over those that do not require any debate over decision-making, couples who do need third-party intervention and choose mediation rather than courtroom litigation tend to resolve their divorces faster and with less expense.
If successful, mediation can resolve a divorce in a matter of weeks or months, depending on mediator availability and case complexity. By reducing court involvement, you’re able to shorten delays and, in turn, lower costs. The Splitup app offers videos on mediation, how to prepare for mediation and the benefits of mediation.
Complexity of the case
The more complex your individual divorce case, the longer the process will take. Some factors that increase the complexity of divorce proceedings are:
Possession of high-value assets or real estate
Discovery requirements
Business ownership and/or investments
Retirement accounts
Debt division
Disputed custody and/or visitation, and child support arrangements
Each of these elements may require prolonged negotiation involving expert evaluations and financial disclosures, all of which add time to the divorce process.
State requirements
Some states have a number of different requirements that affect the divorce process, including:
Mandatory separation periods before you are eligible to file for divorce.
Waiting periods after filing before the judge can sign your divorce decree.
Residency requirements before you can file for a divorce in your state.
Required parenting classes and custody mediation before finalizing cases involving children.
For example, North Carolina requires couples to have lived separately for one year before they are able to file for divorce. This mandatory separation period is not technically part of the divorce process, as it comes before you are able to file, but should be considered part of the timescale by couples wishing to dissolve their marriage in the state.
As a further example, couples wishing to divorce in California have jurisdictional requirements wherein a party can only file to do so in the state if one or both spouses have lived anywhere in the state for the past six months, and in their current county for the past three months. Once the divorce is filed, couples are then subject to a waiting period of at least six months before their divorce can be finalized.
What happens if the other party delays the process?
Divorce isn’t just a legal process; it’s also emotional and, sometimes, strategic. Unfortunately, one spouse can intentionally delay the process, which drags out the timeline and may increase the overall cost of your divorce.
Common delay tactics include:
Asking court for services to repair the marriage
Failing to respond to legal documents
Rescheduling court hearings
Refusing to compromise or negotiate
Filing excessive court motions or discovery requests
Not appearing in court
Some parties delay out of emotional resistance to the divorce, in the hope of reconciliation, or simply because they don’t want the marriage to end. Others may try to gain leverage or wear the opposing party down in asset and custody negotiations by making things difficult.
Fortunately, courts have mechanisms to address delays in the divorce process. If the judge believes that one party is causing delays in bad faith (e.g., by filing excessive motions), they can order sanctions and penalties against the party.
If the respondent (the spouse who was served the divorce papers) fails to respond to the divorce petitioner, the other party may pursue a default judgment. If there is a chance of default, it’s important to ensure your petition accurately states what you want the court to order.
Conclusion
Divorces are rarely over as quickly as we may like, and even the most straightforward cases take time. While uncontested divorces without children or significant assets may finalize in a few months, more complicated or contested cases can stretch on for a year or longer.
The timeline is shaped by many factors, including your state’s laws, the nature of your relationship, and how much each party is willing to cooperate and negotiate.
If speed is a priority, consider mediation, work toward compromise, and, importantly, stay organized. The Splitup app provides you guidance and resources to help you with all things family law and helps you understand your obligations during the divorce process. We also explain how to file paperwork properly, so that mistakes don’t unnecessarily delay your divorce timeline.
