Our Clients often ask "How long will a Divorce case take?" Unfortunately, we cannot give an exact answer. The reason for the uncertainty is that no two divorces are the same, and no two "soon to be divorced" couples are the same. The length of the case greatly depends on each individual's specific situation. For example, some considerations are as follows:
- Are there children involved?
- How old are the children?
- How many children are there?
- Are both parties working?
- If not, is a party seeking maintenance (Alimony)?
- Is there marital property that needs to be divided/disposed?
- Are the parties agreeable and intent on working things out in a calm and expeditious manner, or
- Are the parties angry, hurt, bitter, antagonistic and intent on making the process as difficult as possible?
The typical Contested Divorce timeline is as follows (It is important to keep in mind that every case is different, and this timeline isn't set in stone):
- One party files a Petition for Dissolution of Marriage.
- The Sheriff serves the other party (Respondent) with the Petition.
- The Respondent has 30 days from the date of service to file an Appearance and Answer to the Petition.
- Various Motions may be filed depending on circumstances.
- Negotiations are always occurring.
- The case could be settled at any time.
- The case is set either for Prove-Up if an agreement can be reached or Trial if not.
- Judgment for Dissolution of Marriage is entered by a Judge officially granting a Divorce for the parties.