How Long Does It Take For a Judge To Finalize a Divorce?
One common question clients typically have during an intial consultation with a family law attorney is “How long does it take for a Judge to finalize a divorce?” The time it takes for a judge to sign a divorce decree can vary significantly depending on several factors, including the jurisdiction in which the divorce is being processed, the complexity of the case, and the court’s caseload. In some cases, it can take a few weeks, while in others, it may take several months or even longer. Here are some factors that can influence the timeline:
- Jurisdiction: Different states or counties may have different processing times for divorce cases. Some jurisdictions have a backlog of cases, while others may have a more efficient system in place. If you are in a bigger city, it is likely that your case will take longer since judges have more cases to decide. There are also waiting periods and separation periods depending on your state, meaning that after filing for divorce you must wait a certain amount of time (typically 30-120 days) after filing for divorce before proceedings can begin and/or spend a certain amount of time apart from your spouse (typically 6 months) before you can file for divorce. You will have to check the laws in your area.
- Type of divorce: Uncontested divorces, where both parties agree on all terms, are typically processed more quickly than contested divorces, which involve disputes over issues like property division, child custody, or spousal support. If both spouses agree on every detail of a divorce, or they went through a mediation process, a divorce can be finalized much quicker.
- At-Fault vs No-Fault States: There are two different types of States when it comes to divorce. There are No-Fault Divorce States where spouses state that there are irreconcilable differences between them and thus must end the marriage. These States do not allow a person to claim any other grounds for divorce. There are also At-Fault or Fault Divorce States that allow spouses to claim a reason (grounds) for divorce such as adultery or crulety, although these states also allow for a “No-Fault” option. Both options have positives and negatives. Typically No-Fault Divorces are faster and easier since they do not require one side to prove they have grounds for divorce, but if one spouse cheats on the other and they are in a “No-Fault” State, then the spouse that was cheated on may still have to pay alimony. In an “At-Fault” State there are often punishments for cheating or abuse such as not receiving alimony. Parenting plans on the other hand will always take into account the best interests of the child, meaning regardless of being in an “At-Fault” or “No-Fault” State a parent who cheats on their spouse will likely receive less parenting time.
- Court schedule: The availability of court dates and the judge’s schedule can affect how quickly a divorce case progresses. Some courts, like those in major cities, may have a heavy caseload leading to longer wait times.
- Completeness of paperwork: If the divorce paperwork is incomplete or contains errors, it may delay the process as it needs to be corrected and resubmitted. It is important to prepare properly before submitting documents to avoid unnecessary delays. Your attorney can help with this, or you can find online forms and resources on your local county courthouse’s website.
- Mediation or settlement negotiations: If the parties are engaged in mediation or settlement negotiations to resolve disputes, the process may take longer, as they work towards an agreement before presenting it to the judge. Some courts will require spouses to try mediation before the matter comes before the court. This process may, however, be quicker than litigation if both parties can agree on the important issues such as alimony and asset division. To learn more, check out “10 Benefits of Divorce Mediation?”
- COVID-19 and other external factors: During the COVID-19 pandemic, many court systems experienced delays and backlogs due to safety measures and restrictions. Other unforeseen circumstances can also impact court operations. As of the writing of this article many courts have implemented alternative systems to help get through these issues. Many courts use zoom to try cases which can make the process safer and quicker for some people.
- Waiting Periods: Most states have some sort of waiting period that must be met before the divorce can be finalized. Usually waiting period laws require spouses stay separated for several months before filing for divorce, or they require that enough time has passed since filing the divorce before it can be finalized. Each state has slightly different rules regarding waiting periods so you should check your local laws to be certain. You can also check out our article titled “Divorce Waiting Periods By State.“
To get a more accurate estimate of how long it might take for a judge to sign a divorce decree in a specific case, it’s advisable to consult with an attorney familiar with the local court procedures and timelines. An experienced attorney will know local judges and their tendencies and have a good idea of how long past cases have taken to finalize. They can provide guidance based on the circumstances of your case and the jurisdiction in which it is being processed.
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The Family Law attorneys at Koth Gregory & Nieminski understand that your family is the top priority, which is why we offer SAME-DAY APPOINTMENTS. If you need a divorce or other family law services, you can schedule your first meeting through our online appointment calendar. We look forward to meeting you.
Disclaimer: This article (How Long Does It Take For a Judge To Finalize a Divorce?) may contain information that is outdated as Illinois law continuously evolves. Meeting with an experienced family law attorney is the best way to ensure you are receiving the most current information to answering the question How Long Does It Take For a Judge To Finalize a Divorce?
Published by Dustin Koth on August 15, 2024
