Several factors affect the duration of a divorce case. Generally, the more both parties agree on the terms of the settlement, the shorter the process will be.
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What is the Duration on a Divorce Case?
1. Several factors affect the duration of a divorce case. Generally, the
more both parties agree on the terms of the settlement, the shorter
the process will be. However, some states have minimum waiting
period ranging from a few weeks to a year. Because this is a multi-
step legal procedure, there are several potential problem areas in a
divorce case. Even with the help of a professional, snags or
unexpected events can arise that may elongate or shorten the time it
takes to finalize everything. There are five to six steps for a normal
divorce procedure.
2. First, the one of the parties must file Petition for Dissolution of Marriage.
The grounds for divorce must be stated. Common terms include no fault,
irreconcilable difference, adultery, felony conviction and physical cruelty. If
both parties are in agreement about the details of the divorce, they may
not need to hire a lawyer and can instead use a court appointed mediator
to guide them through the paper work. However, if the marriage lasted for
longer than 15 years, involves minor children or there is any level of
disagreement over divorce terms, both parties should hire an attorney.
The filing party is referred to as the petitioner and the other is the
respondent. After being served with papers, the respondent has 30 days
to respond. At this point, both parties will enter into negotiations and if
they cannot agree, they will go to trial, which can take one day or several
weeks. All trials take place before a judge who will settle the dispute.
Some states require couples to be separated for a minimum of one year
before filing for divorce. Others set a minimum waiting period of three
months (or another length of time) before procedures can be finalized.
3. Overall, a standard divorce case should take less than two years. It is
very rare, but not unheard of, for the legal proceedings to extend
past this window. Even with high levels of disagreement and lengthy
trials, the process is expected to last around 18 months. If the two
parties immediately agree on custody, visitation, property division,
alimony, etc. then everything can be completed in as little as 30 days
if the state does not have a mandatory wait period. The average
process takes around nine months if minor children are involved,
otherwise it will be a little less. Aspects such as child custody may
lengthen the process due to red tape and negations, but most
divorces do not take an extraordinary amount of time. To learn more
about a divorce attorney in Irvine, please visit this website
www.dunnelawoc.com/divorce