Divorce can be a difficult thing to go through. On top of the financial and emotional difficulties of divorce, it’s not uncommon for people to find divorce law very confusing and complex. Because of this, it’s important for people filing for divorce to hire a divorce law attorney to help them through the process. But in case you have some basic questions about divorce law, here are the answers to some commonly asked questions about divorce law.
- What are the procedures for a divorce? Filing for divorce begins when you file a Complaint or a Petition, depending on the state. A copy of the Complaint or Petition is served on your spouse, typically by the sheriff’s office or process server. Unless you and your spouse are in agreement about absolutely everything, a rarity, your spouse will be given a certain number of days to respond. Depending on how your spouse responds, the case will proceed from there. Usual responses include agreeing or contesting what you’ve put in the document, coming to an arranged agreement, or no reply at all. Additionally, other documents may need to be filed depending on your situation. The proceeding of the case all depends on the first initial response, or lack of response, to the filing of the Complaint or Petition.
- What is an uncontested divorce? An uncontested divorce happens when both parties agree to the divorce and terms of settlement. These terms may include property division, alimony, and child custody. This may also sometimes be called a consent divorce.
- How long does a divorce take? Generally, the process of going through a divorce lasts about a year. But while it may vary by state, there are several factors that can impact the amount of time it takes to legalize a divorce. Some of these legal requirements may include:
- Separation requirements: In many states, you and your spouse must live separately for a certain amount of time before you can get a divorce. This time may be up to three years.
- Residency requirements: This is the amount of time you or your spouse must be a resident of the state you’re filing for a divorce in.
- Waiting periods: Waiting periods may be required from time between filing for divorce and the first court hearing or judgment.
- Additional requirements: Some states may require mediation, marriage counseling, or parent education classes.
Aside from these legal requirements, additional factors that may impact the length of a divorce include how long it takes your spouse to be served with divorce papers by the law office, whether or not your case is contested, and the court’s docket backlog.
If you have additional questions regarding divorce law in general or your specific situation, make sure to reach out to your attorney. They’re there to help you with the entire process and answer any questions you may have along the way.