A typical question a lot of people that want to end their marriage might ask their attorney is, “How long will my uncontested divorce take?”
Uncontested divorces are divorces in which the spouses have been able to come to an agreement about the issues that will make up the conditions of the divorce judgment. These are comprised of:
- Child custody
- Child support
- Marital property division
- Visitation rights
This does not mean that both parties don’t have an attorney. It’s essential for each party to seek out suitable legal advice prior agreeing to the conditions of a divorce.
In instances in which there are spousal pensions to be divided, other professionals, like a financial advisor, needs to be consulted prior to signing any agreement. An individual wanting an uncontested divorce needs to also be confident that the other party isn’t concealing assets in the divorce prior to filing the papers.
An uncontested divorce is only a wise decision when each party agrees that they want the divorce and they’re prepared to concentrate on filing the papers without doing things in order to hurt one another.
How Long Do Uncontested Divorces Take?
It will depend on how long it takes for each of the steps involved in getting the divorce to be finalized.
Steps Involved in Getting an Uncontested Divorce
The first step in getting an uncontested divorce is for the individual requesting that the marriage end file a Summons with the court. The Summons needs to also be served to the other spouse, known as the defendant.
When the defendant accepts the Summons and then signs an Affidavit, the papers are then filed with the court at once. The defendant has 20 days to respond, and if they don’t, the plaintiff may file the papers with the court.
The defendant also can sign the papers in the presence of a notary public showing they have no objection to the divorce. The plaintiff will also sign the papers in the notary’s presence, and then filed with the court.
Filing Divorce Papers with the Court
Following the divorce papers being signed and notarized or the deadline for the defendant to respond has expired, the next step is to file the divorce papers with the county court clerk’s office where the plaintiff resides.
After the papers are filed the question, “How long will my uncontested divorce take?” is totally out of the parties’ hands. The time it will take to have the divorce finalized by having a judge accept and sign the judgment could take some time anywhere between six weeks to a year.
Your attorney or the county court clerk’s office where you are filing for divorce might give you an answer on how long your uncontested divorce will take. At best they’ll just give you an estimated time.
Following the judgment being signed, there could be a waiting period in which neither party is able to re-marry in specific jurisdictions. This is where either party can file for an appeal of the divorce judgment. Your attorney will be able to advise if this provision will apply in your situation.
Redmond, Jodee. “How Long Does an Uncontested Divorce Take?” LoveToKnow, LoveToKnow Corp, divorce.lovetoknow.com/how-long-does-uncontested-divorce-take.
Choose the Right Uncontested Divorce Lawyer in Arizona
Regardless of the choice you make, it’s important you make the best choice for you when hiring an uncontested divorce attorney. Remember: The decisions you make now can affect your future. Ultimately, choosing the best lawyer will depend on which lawyer feels best for you and your situation.
Engaging with an attorney to protect your family is never an easy step. Whether you need to protect your family from the unthinkable or restructure your family through collaborative divorce, we’re here to help. When you’re ready to schedule a consultation with Michelle Ogborne, please visit the scheduling page to get started.