Divorce cases are becoming a common issue in the United States, with half of every marriage ending up in a divorce. Commitment has been labeled as the main factor as to why some couples may remain together.
However, there are times when a divorce becomes necessary, but those in other circumstances will later admit they wish they would have tried harder before committing to a divorce. There are plenty of factors that stack a couple at higher risk for divorce.
Research has managed to estimate that 40% to 50% of every first marriage will end in divorces, with subsequent marriages ending in divorces even higher. While divorces have always been a common part of American society, divorces have become increased in the last 50 years. One of the reasons for this is due to changes made to the laws that made divorces become a more seamless process.
The highest rate of divorce to ever be recorded was during the 1970s and early 1980s. However, since then, divorce has steadily decreased but still occurs frequently.
Studies have shown that the most common reason couples give for the reason behind their divorce is due to lack of commitment, too much arguing, marrying too young, infidelity, unrealistic expectations, lack of preparation for marriage, lack of equality in the relationship, and abuse. Another common reason some spouses will give for their divorce will usually fall under being no longer in love with one another.
If a couple feels that they have fallen out of love, marriage counseling can be beneficial to get a new perspective and help rekindle their affection. At times, even this may prove ineffective and still lead to divorce.
If you are currently undergoing a divorce, chances are you are wondering what the usual process timeline for a divorce case can last. Let’s go over what you’ll need to know while undergoing this stressful moment in your life.
Divorce timeline
While divorces have become common throughout the United States, the divorce process will vary depending on the couple's situation.
For short-term marriages without children or property involved, this typically leads to a less complex and time-consuming divorce process than a long-term marriage with significant property entanglements, marital debt, and underage children.
Furthermore, divorcing couples who work together on their negotiation terms for the divorce (child support, custody, property division, debt allocation, and spousal support) will undergo a less stressful and expensive divorce than couples who are incapable of agreeing or refuse to absolutely work together.
When spouses are going through a divorce, they generally are not aware of what to expect. Divorces are a complicated legal process, and they can introduce all sorts of unpleasant surprises and maddening delays.
It always helps to review a legal divorce timeline to gain a clearer picture of what may happen so you can feel less stressed during this period of turmoil.
The chronology presented to you should offer a general overview of how an average divorce will process, however, your divorce may not strictly follow the exact timeline below due to specific problems between you and your spouse or because of certain laws in your state.
Deciding to divorce
It may seem like a very simple thing to go through, but this step is crucial in the overall process. You and your spouse have decided either together or separately to finally divorce. Once the commitment to divorcing has been done, you will start to advocate for yourself by searching for and hiring an experienced family law attorney.
Gathering information and necessary paperwork
The next step is another crucial one to take. When you are aware that you are going to divorce, you need to start accumulating information such as insurance policies, bank account statements, mortgages, medical records, and retirement information.
At this point, you should also be keeping a detailed budget. Both the lawyer and yourself will require this information to meet your disclosure obligations and to come up with a strategy for your case.
Filing for divorce
Regardless if both spouses agree to divorce or not, before either of the two can start the divorcement process, one of the spouses needs to file a legal petition requesting the court to terminate the marriage. The filing spouse must also include this information:
Residency requirements will all depend on the location you are living in. States will typically require at least a single spouse to live in that state from three to twelve months, and in the country where the spouse files for at least ten to six months before being able to file the petition. Both parties need to meet the state's residency requirement before the court can accept the case.
The grounds for divorce will be different from each state. Although, every state does offer divorcing spouses the option to file a no-fault divorce. A no-fault divorce is a streamlined process that allows couples to file a divorce petition without having to list a specific reason or lay blame on either couple. If either of the spouses has committed marital misconduct or caused the separation, some states may allow parties to claim fault for the divorce, such as neglect or adultery.
Contacting an experienced family law attorney in your state for guidance should be done if you are not sure whether to file for no-fault or fault divorce.
Requesting temporary orders
The courts are very understanding that the waiting period for divorce is not possible for every couple. For instance, let's say you are a stay-at-home parent that is rearing the kids and dependent on your spouse for financial support waiting for six months for a judge to finalize the divorce is most likely impossible.
During the process of filing for divorce, the court allows you to request the court for a temporary court order for spousal support, child custody, and child support.
If you decide to request a temporary order, the court will then hold a hearing and request information from both parties before deciding on how to rule on the application.
The judge will normally grant the temporary order quite rapidly, and it remains valid until the courts say otherwise or until the judge has completed the divorce.
Other temporary orders could include a request for status quo payments or temporary property restraining orders. Status quo orders usually require the spouse who provides financially to continue paying marital debts throughout the divorce process.
Temporary property restraining orders will protect the marital estate from either couple selling, giving away, or otherwise disposing of the property during the divorce process. Restraining orders are typically mutual, meaning both couples will need to follow it or be at risk of being penalized by the court.
If you require a temporary order but have not filed a request during the time you filed for divorce, you need to apply for one as soon as possible.
Serving the spouse and waiting for a response
Once the petition for divorce and request for temporary orders has been filed, you will need to provide a copy of the paperwork to your spouse and file proof of service to the court. The proof of service will be a document that lets the court know you met the statutory requirements for giving a copy of the petition to your spouse.
If you don’t manage to properly service your spouse or have neglected to file a proof of service with the court, the judge will be incapable of proceeding with the divorce case.
The process of servicing is easy, especially if the spouse has agreed to the divorce and is willing to sign an acknowledgment of service.
Although, particular cases, especially ones that involve one spouse wanting to remain married, or causes the process to become complicated, can be deceptive or try to make the process difficult.
The best way to ensure proper service is for the filing spouse to hire a professional who is licensed and experienced in handing over legal documents to the other party. The cost for these are usually minimal and can prevent any delays on the case.
If your spouse has retained an attorney, you could arrange for the paperwork to be delivered to the attorney's office instead.
The defendant who receives the paperwork needs to file an answer or reply to the divorce petition within a prescribed time limit. Failure to do so will result in a default judgment against the non-responding spouse, which can lead to complications and is expensive to reverse.
The responding spouse has several options to dispute the grounds for divorce, the allegations behind the petition, or assert any disagreement for custody, support, property, and any other divorce-related problem.
Settlement negotiations
For cases where both parties have differing opinions on crucial topics, such as property division, child custody, or support, both spouses will need to work alongside each other to reach an agreement. At times, the court will schedule a settlement conference, where both parties and their attorneys will meet to discuss the status of the case.
The court can also schedule a mediation, which is a neutral third-party that can help facilitate the discussion between both parties in hopes of resolving lingering issues.
Keep in mind that some states will require participation in mediation, while others may not. Although mediation will usually save a considerable amount of time and money during the divorce process, so it’s usually a good idea for many divorcing spouses.
The divorce trial
There will be times when negotiations may fall apart despite both spouse's best efforts. If any lingering issues remain unresolved even after mediations and other talks, the parties will need to request the court for assistance, which means going into trial.
The divorce trial is expensive and time-consuming, plus it takes any of the power both spouses would have and places it in the hands of the judge. Negotiations and mediation sessions allow both couples to maintain control and predictable results than a divorce trial, so it's better to avoid going into a trial if possible.
The finalization
Regardless if both spouses have negotiated throughout the divorce process, or a judge had to come in and make significant issues for you, the last step of divorce happens when the judge signs the judgment of divorce. The judgment of divorce ends the marriage and lays out the specific about how both parties will allocate custodial responsibility and parenting time, child and spousal support, and how both parties will divide assets and debts.
If the spouses negotiated for a settlement, the filing spouse’s attorney usually drafts the judgment. Although, if the couple went through a divorce trial, the judge is the one to make the final order.
Appealing some or all of the judgments and decree
If either of the parties disagrees with any part of the judge’s decision, they can appeal the case under their state judicial branch’s rule of an appellate court.
Warp up
It’s not possible to say how long all these steps take in your case and your state. The entire process will take a minimum of several months to as long as several years.
Generally speaking, the more both parties can cooperate and agree on reasonable compromises, the smoother and faster the divorce process will go.
Conclusion
Going through a divorce can be one of the most stressful moments a couple can experience. Depending on the severity between both parties, the process can either go smoothly or become frustrating. Either way, getting yourself an attorney that's capable of guiding you through the divorcing process is crucial to ensure you can get the resolution you want from this case.
Also, make sure to look up what is necessary for your state. As stated before, each state will have its own set of laws that have to follow when divorcing your spouse.
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