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There is no such thing as a stress-free divorce, even if you part amicably and remain friends for decades to come. But is there such a thing as a quick divorce? History knows examples of this litigation going on for years and costing fortunes. However, even if it’s amicable and simple, breaking off a marriage might take months in some places.
What’s the Average Duration of an Amicable Divorce with No Complications?
The laws governing divorces and legal separations vary depending on the state. However, on average, you should be able to finalize the divorce within 30-60 days. But bear in mind that this is the time that doesn’t account for a mandatory waiting period. That one might last months and it might be impossible to waive even in an amicable divorce.
The state where divorces are easiest is Nevada, which is part of the reason why there are so many of them. But there you can break off your marriage within a few weeks. On the other hand, even if you want to get a quick divorce in Texas, you’ll need to wait for about 90 days, and that’s if everything runs smooth as silk. Your divorce hearing won’t even be scheduled less than 61 days after you file all the relevant paperwork. But there are also places like South Carolina where you can’t even file for a divorce unless you’ve lived apart with no sexual relations for a year.
Regardless of the state the duration of the divorce process might take years if the spouses cannot reach an agreement. Settlements will take as long as your negotiations will last. And if there are appeals and court hearings mixed in, you might spend a good portion of your estate on lawyers’ fees.
Factors That Affect the Speed of a Divorce
Aside from being contested or uncontested, factors that affect the speed with which you can get a divorce include:
- The size of your estate (families with a lot of assets might be unable to avoid involving lawyers as legal counsel is a mandatory re2quirement in some states)
- Children (the situation gets exceedingly more complicated if you cannot settle on child custody as this will make a court hearing mandatory)
- Waiting period or legal separation mandated by state law
- Prenuptial agreement terms
How to Speed Up a Divorce
The fastest possible way to get a divorce is to settle everything with your spouse directly and file for an uncontested divorce. In this case, you will be able to dissolve your marriage within the shortest legal period mandated by state law.
However, if you are unable to do this, your best bet is hiring a lawyer. Legal experts will know all the loopholes that your local laws have that can speed up the process.
Note that if the case involves abuse and threat to you or the children, the process can be expeditated. But you will most likely need to involve the police as well as get the injuries registered by a medical professional so the report can be used as evidence.
Overall, no two cases are the same, so it’s impossible to determine how much time exactly your divorce might take. Even in the case of an amicable separation, there is no guarantee that your spouse doesn’t change their mind at the last minute and decide not to settle.
When hiring a lawyer, your chances for a prompt settlement are bigger, but the costs will be significantly higher. If money is an issue and filing for an uncontested divorce is impossible, you will have to settle for a lengthy divorce that will require a lot of research and personal visits to the courthouse on your part.
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