Going through a divorce can be a stressful and emotionally challenging experience, but if both spouses are in agreement on key issues, it can significantly streamline the process. One common question that arises in such situations is, how long does it take to get divorced if both parties agree on the terms? In this article, we’ll explore the factors that influence the timeline for an uncontested divorce and offer insights to help you understand what to expect, including:
- Waiting Periods
- Court Processing Time
- Complexity of the Issues
- Mediation
Uncontested Divorce Defined
An uncontested divorce occurs when both spouses agree on all major aspects of the divorce, including property division, child custody, child support, and spousal support. When there is no dispute over these matters, the divorce is considered uncontested, and it typically moves more swiftly through the legal process since couples aren’t spending time arguing in court over these issues.
The opposite is a contested divorce, where spouses disagree on one or all major aspects of the divorce. These proceedings take much longer since both sides aren’t working together. Sometimes a divorce is contested because one partner doesn’t want the divorce at all, or it may be contested because they disagree on how to divide assets.
Filing for an Uncontested Divorce
The first step in getting an uncontested divorce is to file a petition or complaint for divorce with the appropriate court. The spouse initiating the divorce, known as the petitioner, will need to provide the necessary paperwork, which outlines the agreed-upon terms, to the court. The other spouse, known as the respondent, will then have the opportunity to review and sign the documents.
Sometimes couples that already agree on many of the terms will file their petition together, or they will try mediation with a neutral third party mediator to draft the agreement. While it is advisable to also have a lawyer present to ensure the agreement is fair, couples can do mediation alone with the mediator. If both spouses are working to compromise but do not agree on all major issues, then mediation may also be a good option. To learn more about mediation check out your local county courthouse’s website and our article titled, “10 Benefits of Divorce Mediation.”
Waiting Period
The length of time it takes to finalize an uncontested divorce can vary depending on your jurisdiction. Many states have a mandatory waiting period, which means that the court must wait a specified amount of time before issuing the divorce decree, even if both parties agree on all terms. This waiting period can range from a few weeks to several months.
This time limit typically starts from the moment the divorce petition is filed. If you go through mediation, then your divorce may not be finalized till 6 months after you take your agreement to the court. Once the time limit is up then your divorce will be finalized.
Court Processing Time
Once the court receives the divorce paperwork, it will review the documents and ensure they comply with legal requirements. This process can take several weeks, and the timeline may be affected by the court’s caseload and administrative procedures. If you are in a bigger metropolitan area, then there could be more cases tried there, meaning it could take longer for a judge to get to your case.
To learn more check out “How Long Does It Take For A Judge To Sign A Divorce Decree?”
Resolving Minor Issues
In some cases, even when both parties agree on most aspects of the divorce, minor issues or discrepancies may arise during the review process. These issues may need to be resolved before the divorce can be finalized. While these challenges are typically minor, they can add some time to the overall process.
These minor issues are more likely to come up if you have complex financial assets. Sometimes it can be difficult to determine which assets are marital property or not, but if both parties can come to an agreement, then these issues can be resolved quickly.
Complexity of Financial and Property Matters
The complexity of financial and property matters can also impact the timeline for an uncontested divorce. If there are numerous assets to divide, it may take more time to draft and review the necessary documents. However, the fact that both parties agree on these matters still expedites the process compared to a contested divorce.
As mentioned previously, there may be some difficulty in determining which property and assets are marital assets. Bank accounts for married couples, for example, are often comingled making that account marital property. Both parties can still come to an agreement regarding those accounts, but if they are not able to compromise, then the court may decide for you.
Child Custody and Support Considerations
If child custody and support arrangements need to be established, the court will want to ensure that the best interests of the child are considered. While an uncontested divorce with clear agreements can expedite this process, it may still require additional time for court review and approval. To learn more about child support check out “When Does Child Support End In Illinois?”
Conclusion: How Long Does It Take to Get Divorced If Both Parties Agree?
In conclusion, the timeline for an uncontested divorce when both parties agree on all terms can vary based on jurisdictional requirements, court processing times, and the complexity of the issues involved. Generally, an uncontested divorce proceeds more quickly than a contested one, but it’s essential to be prepared for potential waiting periods and administrative delays. Consulting with an experienced family law attorney, like those at KGN Law Firm, can help you navigate the process efficiently and ensure that all necessary steps are taken to expedite your divorce while protecting your rights and interests.
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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 to Get Divorced If Both Parties Agree?) 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 answering the question How Long Does It Take to Get Divorced If Both Parties Agree?
Published by Dustin Koth on August 20, 2024
