One of the most common questions divorcing couples ask is "how long will this take?" While every divorce is different, understanding the typical timeline helps you plan for your future and manage expectations.
Factors Affecting Timeline
Several factors influence how long your divorce will take:
State waiting periods: Many states require mandatory waiting periods before divorce can be finalized.
Contested vs. uncontested: Couples who agree on everything finish faster than those who fight.
Court backlogs: Busy courts mean longer waits for hearings and trials.
Complexity: More assets, more children, more issues = longer timeline.
Discovery disputes: Fighting over documents and information adds months.
Settlement negotiations: Productive negotiations shorten timelines; impasses extend them.
State Waiting Periods
Many states require a waiting period between filing and finalizing. Examples include California (6 months), Texas (60 days), New York (none), and Florida (20 days). These minimums set a floor—you can't finish faster regardless of agreement. Check your state's specific requirements.
Uncontested Divorce Timeline
When both spouses agree on all issues, divorce can proceed quickly:
Preparation: 1-4 weeks to prepare paperwork and agreements.
Filing: Day 1 of the official process.
Service: 1-4 weeks to formally notify your spouse (often waived when agreed).
Waiting period: State-mandated minimum (varies).
Court review and judgment: 2-8 weeks for judge to approve.
Total for uncontested divorce: 2-6 months in most states.
Contested Divorce Timeline
When spouses disagree on issues, the timeline extends significantly:
Filing and response: 1-2 months for initial pleadings.
Temporary orders: 1-3 months to establish temporary custody, support, and property use while divorce proceeds.
Discovery: 3-12 months to exchange financial information, take depositions, and gather evidence.
Settlement negotiations: Ongoing throughout, with formal mediation often required.
Trial preparation: 2-4 months if settlement fails.
Trial: Days to weeks depending on complexity.
Post-trial: 1-3 months for final judgment.
Total for contested divorce: 1-3 years is common.
The Discovery Phase
Discovery—gathering information from the other spouse—often takes the longest. Steps include interrogatories (written questions), requests for documents, depositions (sworn testimony), and expert evaluations. Disputes over discovery requests, incomplete responses, and motion practice extend timelines significantly.
Mediation and Settlement
Most divorces settle before trial—often at or after mediation. Courts typically require mediation attempt before trial. Successful mediation can resolve cases in days that might otherwise take years in court.
Custody Evaluation Timeline
When custody is disputed, evaluations add months. Custody evaluators interview parents and children, observe interactions, review records, and prepare detailed reports. This process typically takes 3-6 months.
Trial Timeline
If trial is necessary, court availability affects timing. After you're ready for trial, you may wait months for a court date. Complex trials may be scheduled only partially, with gaps between sessions. Post-trial briefing and the judge's decision add more time.
Ways to Speed Up Divorce
You can accelerate your divorce by: agreeing on as many issues as possible, responding promptly to requests for information, being realistic in negotiations, using mediation effectively, and avoiding unnecessary litigation over minor issues.
Summary Dissolution
Some states offer simplified procedures for simple divorces—typically short marriages with minimal assets and no children. These summary procedures can be completed in weeks.
After the Divorce Is Final
The divorce decree doesn't end everything. Property transfers, QDRO implementation, name changes, and beneficiary updates take additional time. Budget time for these post-divorce tasks.