How long does it take to get divorced?
A relatively straightforward divorce typically takes around six to eight months, provided that you both deal with court papers promptly. It may be possible to speed this process up – for example, if you want to get remarried as soon as possible – though the costs will increase. In practice, negotiations over financial arrangements can take longer than this. However, it is usually possible to get divorced before a financial agreement has been finalised – although your solicitor will advise you when this is not advisable. For more information, see our FAQs on divorce and separation – financial matters.
The goal is for a couple to be divorced as quickly as possible. In litigated cases, the court’s goal is for the parties to be divorced within one year of the filing of the Complaint for Divorce. However, parties who engage a mediator to aid in the negotiation of a settlement can be divorced in substantially less time. The fact remains that the parties themselves, whom they chose as an attorney, and their conduct throughout the divorce action, dictates how long it takes to get divorced. The more reasonable and open the parties are to negotiation, disclosure of assets and debts, and compromise, the faster they will get divorced. When a couple is unable to settle their issues, then a Judge must make the final decisions at trial. Trials can take weeks or months to conclude because of the backlog of cases in each county. A successful divorce is a divorce settlement where both parties are able to live with their settlement terms. Nobody “wins” in a divorce action, per se; however, if parties
The law provides the other side (called a “Respondent”) 30 days to file an Answer to the divorce petition (called a “Petition for Dissolution of Marriage”). The parties can agree to waive the 30-day period. There is no waiting period after the Final Decree is filed to make it effective; thus, it is possible to be divorced in one day. With that said, couples who choose to fight over every issue, who refuse to seriously discuss settlement, and who require a full-flown trial on the merits can successfully drag out a divorce for years, and rack up thousands upon thousands of dollars in attorneys’ fees, expert witness fees, etc.
It depends on how complex the case is. Mine took 12 weeks for the nisi and then 6 weeks and 1 day for the absolute. My ex didn’t want the children living with him and girlfriend, so we only had to sort out access etc. He was quite happy for me to live in the family home with the the children until the youngest came of age. He agreed to continue paying the mortgage and to give me child support. The more civilised the two of you can be the easier and quicker it is. There was a part of me that wanted to name the woman but was advised against it as it could of taken months. So I just divorced him on the grounds of adultery with an un named woman.
