Law

How long does the divorce process take? Insights from a divorce lawyer

When clients first consult me about divorce, their most common question isn’t about asset division or custody arrangements; it’s about time. “How long will this take?” they ask, often with a mixture of anxiety and hope. While they may be seeking a simple answer, the timeline for divorce proceedings varies significantly based on numerous factors.

Factors that extend divorce proceedings

Several key factors consistently influence how long a divorce takes to finalize:

  1. Contested vs. Uncontested divorce

The most significant determinant of your divorce timeline is whether both parties agree on major issues. An uncontested divorce, where spouses have reached an agreement on property division, support, and parenting arrangements before filing, follows the minimum statutory timeline in your jurisdiction, often 30-90 days, depending on state laws. An Ogden Divorce Lawyer assists in resolving disputes that lead to prolonged legal proceedings.

  1. Asset complexity

Marriages with substantial or complex assets require more extensive discovery and often expert involvement. Business valuations, pension divisions, investment portfolios, and real estate holdings demand proper valuation and distribution analysis. In complex cases, the discovery process alone, gathering complete financial information through formal requests, can take 3-6 months.

  1. Child custody disputes

Disagreements about parenting arrangements often create the most extended delays in divorce proceedings. Courts prioritize children’s best interests through careful consideration, which may involve:

  • Guardian ad litem appointments
  • Custody evaluations
  • Parenting coordinator involvement
  • Multiple hearings to establish temporary and permanent arrangements

These processes frequently add 6-12 months to divorce timelines.

  1. Court congestion and scheduling

Family court dockets nationwide face significant congestion. Scheduling constraints can add months to your timeline, particularly for contested matters requiring judicial intervention. A simple motion hearing might be scheduled 6-8 weeks out, while trial dates often become available only 6-12 months after requesting them.

  1. Emotional readiness

The most unpredictable factor is the emotional component. Divorces involve grief, anger, and significant life adjustments. When one or both spouses use legal proceedings to express emotional hurt, cases can extend dramatically through unnecessary filings, delayed responses, and resistance to reasonable settlement offers.

Typical timeline expectations

While acknowledging these variables, clients benefit from understanding the general progression of divorce proceedings:

Initial filing to temporary orders – 2-6 weeks

Most divorces begin with establishing temporary arrangements for financial support, residence, and parenting time while the case proceeds.

Discovery phase – 2-6 months

Parties exchange financial information, valuations, and documentation supporting their positions.

Negotiation and mediation – 1-3 months

Most courts require mediation attempts before trial. This phase often involves multiple settlement proposals and counteroffers.

Pre-trial proceedings – 1-2 months

If settlement efforts fail, cases move toward trial preparation with pre-trial conferences and final discovery.

Trial and final judgment – 1 day to 2 weeks

The actual trial length varies dramatically with case complexity, but most courts issue final judgments within 30-90 days after the trial concludes.

Legal advice from a leading divorce lawyer in Ogden emphasizes that while this progression appears linear, divorces rarely follow a straight path. Settlement discussions often continue throughout litigation, and agreements can be reached at any stage, even on the courthouse steps before trial.

Strategies to minimize delays

If timeline concerns are paramount, consider these approaches to expedite your divorce:

  1. Prioritize settlement discussions early – Investing in thorough negotiation before court involvement often yields faster resolutions.
  2. Respond promptly to discovery requests – Delays in providing requested information create cascading postponements.
  3. Consider alternative dispute resolution – Mediation and collaborative divorce approaches typically proceed faster than litigation.
  4. Maintain reasonable expectations – Perfect outcomes rarely exist in divorce. Pursuing every possible advantage extends proceedings substantially.
  5. Choose representation strategically – Some attorneys are known for efficient resolution, while others build reputations on aggressive litigation regardless of necessity.

By focusing on long-term outcomes rather than immediate resolution, you can navigate the divorce process with greater emotional well-being and typically achieve more favourable results, even if the journey takes longer than initially hoped.