How long does it take for an Uncontested Divorce?

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USA like most of the nations in the world has laid down its own statute pertaining to marriage and divorce. Both these areas are the province of the state governments. There are no federal laws pertaining to divorce and marriage. Thus the divorce laws vary from one state to another. A divorce is a legal order that nullifies and terminates a marital bond. A marriage ends only with a divorce order. This legal process takes some time to get completed. The time taken for getting the court order depends on the type of case and the nature of the issues. Today many couples go for uncontested divorces, because they want to get the court order quickly, without facing any complications. Although the time required for an uncontested divorce is comparatively lesser than a contested divorce, it does not mean that you will get the divorce order once you file for the case. As such 'how long does it take for an uncontested divorce', is a matter of concern that disturbs the minds of those couples who want a quick divorce.

It has been recorded that even 10 days have proved sufficient to complete an uncontested divorce. After the initial filing for divorce is done, there is a waiting period. When the waiting period is complete, the finalization date is scheduled. Each state in the United States has prescribed different waiting periods and the span of this period may alter from time to time. Hence, it is advisable to confirm the waiting period with the legal counsel in the state.

How long does it take for an Uncontested Divorce as per the latest data

The waiting periods in the various states in the United States as per the latest data have been furnished below.

18 months: New Jersey.

12 months: North Carolina, New York, Maryland.

180 days: Louisiana, Illinois, Delaware, California.

120 days: Wisconsin.

90 days: Washington, Vermont, Utah, South Carolina, Rhode Island, Pennsylvania, Oregon, Iowa, Connecticut, Colorado.

60 days: Wisconsin, Texas, Nebraska, Mississippi, Kentucky, Kansas, Indiana, Arizona.

42 days: Ohio.

30 days: Oklahoma, Missouri, Michigan, Massachusetts, Georgia, Arkansas, Alabama.

20 days: Wyoming, West Virginia, Montana, Idaho, Florida.

10 days: Oklahoma.

No waiting period: South Dakota, Nevada, Minnesota, Maine, Hawaii.

If minor children are involved in the divorce, the waiting period is extended in some states. These are as follows.

90 days: Tennessee.

30 days: Oklahoma.

6 months: Virginia, Michigan.

Factors that affect the longevity of an Uncontested Divorce

The question of 'how long does it take for an uncontested divorce' depend on a various factors. Take a look at the following factors which affect the duration of an uncontested divorce case-

  • Location:It is evident from the above listings, that depending on the divorcing couple's location in United States, the mandatory waiting period varies
  • Cooperation: The degree of cooperation between divorcing partners decides how quickly an agreement is made. More the cooperation, lesser is the time for developing the agreement and consequently, the time essential for the divorce is lesser
  • Mediation: Sometime it happens that the divorcing partners are not able to agree on all the terms. In such a scenario, both can opt for mediation. Then, there is some possibility of continuing with the uncontested divorce procedure. Depending on the number of issues and some other relevant factors, mediation may need a couple of hours or some weeks
  • Role of lawyer: Some divorcing partners hire a lawyer to manage the uncontested divorce case. The ability of such a lawyer to complete the divorce forms depends much on the pace with which the divorcing partner supplies the essential information. It is advisable that the divorcing partner should not call or email the lawyer repeatedly with bits and pieces of data. Instead, the divorcing partner should gather all the required data and submit it to the lawyer once for all

    Once all the data has been submitted to the lawyer, the lawyer has to find time for drafting the papers depending on the court schedule and / or the caseload. When the divorce papers are drafted, they should be reviewed by the divorcing partner (Petitioner). These papers are then sent to the Respondent along with a self-addressed and stamped envelope to facilitate return of the papers. Here, the efficiency of the postal service comes into picture.

As is evident from the information given above, the duration of an uncontested case varies according to the divorce laws of each state in the United States. It is necessary that you cooperate with the legal system and with your spouse surely, if you want to get the divorce quickly. Once you complete the essential paperwork and submit those to the lawyers, it is expected that the case will get over in the stipulated time. We hope after getting the right answer to the question of 'how long does it take for an uncontested divorce', you will make every attempt to make the case run fast and easier, rather than complicating it.

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