The level of cooperation among the spouses, the complexity of matters, and the legal proceedings according to the respective jurisdiction decide the timeline of a divorce case. If you can comprehend the factors affecting the case, you can easily estimate the time to reach a fair and square settlement. Here, we will discuss the various aspects that would help set realistic expectations and clarify the divorce proceedings.
Factors Affecting the Timeline of a Divorce Case
Numerous factors are at play. Here is a detailed outline of the same:
- Type of Divorce: Contested vs. Uncontested
If both parties agree to settle every significant issue, such as property division, child custody, etc., it is termed an uncontested divorce. The process is faster, and based on the local court’s processing times, it can be settled within a few months or even a year.
However, if the spouse disagrees on the essential aspects, the court must intervene, and this is called a litigated divorce. In such cases, the timeline can extend from one year to several years. Moreover, both parties must go through multiple court hearings to reach a point of negotiations.
- Division of Assets
If the divorce involves high-asset, complex financial portfolios, shared investments, or a business, it can take time to complete valuation, negotiation, and a final agreement. These cases require financial disclosures and can continue for weeks or even months until both parties come to a settlement.
- Child Custody and Support Arrangements
If children are involved in the divorce case, it can take several months or even years to settle. These cases can become complex if parents seek primary child custody and support. Thus, an in-depth evaluation involving psychological assessments and child welfare evaluation is required, adding more days to the timeline.
- Backlog in Court System
If there is a high volume of cases pending in the court, date availability can become a crucial factor, increasing the divorce case’s timeline. Thus, multiple hearings might cause delays in the proceedings, significantly adding to the divorce timeline.
- Spousal Support Negotiations
In the case of long-term marriage, the divorce proceeding can be time-consuming, as it becomes essential to determine spousal support. Both parties must submit documents based on income, career history, and future financial requirements. The case can be dragged for years if both parties cannot reach mutually agreeable solutions.
How to Shorten the Divorce Timeline?
Here are a few steps that one can follow to reduce the divorce timeline:
- If you want to resolve a divorce issue faster than court hearings, consider Alternative Dispute Resolution (ADR). This method is applicable when both parties are open to negotiation and want to settle the case as soon as possible.
- The prime delay is caused by failing to provide the financial documents. Thus, every financial document and disclosure must be organized during the initial phase.
Conclusion
A divorce case depends on the willingness of both parties to cooperate and settle the case. Hiring experienced family lawyers who can streamline the process without delay is crucial. They can negotiate on your behalf and offer tailored advice based on the circumstances and local jurisdiction rules.
