When you start thinking and planning for a divorce, two of the first questions you probably have are these: “How soon can I be divorced?” and “How much of my time and my life will be wrapped up in this experience?”
You’ve probably heard of the horror stories of a divorce that drags on for years, but this is not always the case. For some, though, divorce takes a lot longer than marriage.
But exactly how long does it really take? The answer is, it depends — on many things.
The Statutory Waiting Period
There is the inevitable statutory waiting period. Even if you and your spouse agree on everything five minutes after filing for divorce, you still need to wait 91 days to receive a decree of dissolution from the Court. This 91-day clock starts ticking only after the petition is served to the non-filing party.
If you are planning to file for a divorce, get a Family Law attorney in Long Island from DivorceAttorneyinLongIsland.com, for instance, to guide you. Doing so may increase your chances of getting divorced as soon as after 91 days.
The Court’s Schedule
Some divisions, depending on the volume of the cases they are working on, can set your case for its final hearing within a few months of filing your petition. Other divisions, on the other hand, have a waiting period of at least six to seven months before you can get your day in court.
So, if you plan on getting divorced, you simply need to hope that you’ll be assigned to a fast division.
Do you really need to wait about six to seven months to get officially divorced? Not really — because the third and final factor that influences the time frame of your divorce is you.
If you and your spouse can negotiate and agree on everything, including every issue of contention in the case, it’s highly likely that you can be divorced after 91 days. All your lawyer needs to do is to file a Separation Agreement with an Affidavit of Non-Appearance. If there are children involved, you might need to attend an uncontested hearing, but these are very short hearings that can be set quickly.
It would be nice if divorces were simple, straightforward, and friendly — but because of these factors, not every case would fly fast. Fortunately, as long as you and your spouse are on the same page, and as long as you have a good attorney by your side, you can be single and free in no time.