QUESTION
How long will an uncontested divorce take and do we need to go to court?
Asked on Oct 08th, 2013 on Divorce - Florida
More details to this question:
If my husband and I have agreed to all terms, are not angry or upset with each other and would like to file for divorce quickly and be done with the process, how long will it take and about how much will it cost? Do we need to go to court to process?
6 ANSWERS
Divorce & Family Law Attorney serving Salt Lake City, UT
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Utah Family Law LC
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In Utah, a divorce can be over before it even starts if the spouses reach a settlement agreement. In the case of contested divorces, a divorce should not take less than approximately 220 to 250 days to go from service of the complaint on the other spouse to the point that it is ready for trial. Unfortunately, this is rarely what happens in real life, and some cases drag on for years. To keep a case moving requires many skills, chief among them a knowledge of the rules of court and how to apply them. You also need to be courageous, vigilant, and resourceful. Having a lawyer is of little help to you unless the lawyer is also skilled, courageous, vigilant and in tune with your interests. In fact, if you have a lawyer who is not skilled, courageous, vigilant and in tune with your interests that kind of lawyer can actually cause your divorce to drag out even longer than if you didn't have representation.
Answered on Oct 14th, 2013 at 2:56 AM
It is not possible to divorce without the involvement of the court. If parties truly agree on all matters, the process can be fairly short and simple in most jurisdictions. It's the complete agreement part that trips most couples up when it's time to put ink on paper and swear to it.
Answered on Oct 08th, 2013 at 11:17 AM
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In Nebraska, there is a mandatory waiting period between when the Voluntary Appearance is filed with the Court (not just signed) and when you can have a finalized divorce. That time is 60 days. You do not mention children, but whether you have children also affects the process as you must comply with the Parenting Act. If you do not have children and do not have any unresolved issues, the Court MAY allow you to have a final hearing by affidavit without appearing in Court for final hearing, but the majority of the judges with whom I have worked have all required at least one person to appear and testify. This is not difficult to do and a script is provided at the Nebraska pro se self help web site.
Answered on Oct 08th, 2013 at 10:34 AM
Family Law Attorney serving Peoria, AZ
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The Law Firm of Jessica M. Cotter, P.L.L.C.
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It is always best for you to at least consult with an attorney in your area who is experienced in family law, to be certain that all of the procedures are properly followed. With that being said, In Arizona there is a self service center at most, if not all, county superior court facilities. Maricopa County also provides that service online, where you can download the forms and instructions to file and finalize your dissolution.
Answered on Oct 08th, 2013 at 10:25 AM
Divorce Attorney serving Bingham Farms, MI
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Gottlieb & Goren, P.C.
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Yes, you need to go to court. It can be finalized 60 days after filing if no minor children, otherwise 6 months.
Answered on Oct 08th, 2013 at 9:05 AM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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The length of time depends upon the county where the matter is filed. In my jurisdiction final hearings are set within 30 days of filing with the Clerk of Court. The filing fee is set by Tallahassee at $ 409.00.
Answered on Oct 08th, 2013 at 8:08 AM