If you are going through the divorce process, you may be wondering how long it will take. Continue reading and give our skilled Sparta divorce attorneys a call today to examine the facts of your case and your options. Our legal team is on your side each step of the way. Below are some questions you may have:
How Long Does it Take to Get a Divorce?
You will want to recognize that most divorces take about a year, but your divorce may be faster if it is uncontested or you and your spouse are able to reach an agreement quickly.
State Requirements that Delay Divorce
State laws set requirements that can impact how long it takes to complete a divorce.
Residency Requirements
It is important to note that before you can consider how long it will take to get a divorce, you must first determine if you are qualified to file for divorce in the state you are living in. Most states (except for Alaska, South Carolina, and Washington) require you to be a resident for a certain period of time (often three to six months) before you can file for divorce in that state. The goal of these laws is to prevent individuals from shopping around for the state with the most advantageous laws.
If you do not yet fulfill your state’s residency requirements, you will have to wait until you do or think about filing in another state where you meet the requirements.
Waiting Period or Cooling Off Period
Many states set a waiting or cooling-off period that instructs the parties to wait a certain period of time (typically 30 to 90 days) to make sure they really want a divorce before moving forward. Several states even have no waiting period at all, but they are the minority.
Mandatory Separation Period
Some states set a mandatory separation period, which is different from a waiting period. It is a period of time (usually at least six months) during which a couple must live individually before their divorce can be completed. Not every state requires this, however, those that do generally have fault-based divorces (where one spouse is blamed for the divorce).
What Are Prenuptial and Postnuptial Agreements?
A prenuptial agreement is a contract entered into by a couple before they marry, identifying how they will split their assets and determining spousal support should they ever divorce. A postnuptial agreement settles the same issues but is joined into after they are married. If a couple has made one of these agreements, it facilitates the divorce process because the issues they have resolved in the prenup or postnup do not need to be litigated.
Contact Our New Jersey Firm
If you are getting a divorce or have any other questions regarding divorce-related matters, please do not hesitate to contact Paris P. Eliades Law Firm, LLC for a consultation today.
