Once you’ve made the decision to begin filing for divorce, most couples want the divorce to be over as quickly as possible. Divorce, even when mutually agreed upon and healthy, is an emotional and stressful process, and no one wants their divorce proceedings to drag on. Once you’ve chosen to file, you are ready to move on with your life. How long can you expect your divorce to take?
In Ohio, the average divorce takes about a year to complete from the initial decision to the final paperwork processing. This is for divorces that do not go to trial and are relatively straightforward. For couples who choose to go to trial, the process can take 18 months or more, depending on how many issues need to be resolved with the court.
When filing for divorce, there are several things that will need to be handled officially, including child custody, child support, spousal support, division of debt, and division of property. The more you need to divide, the more time the divorce will take. If you share children, you will need to make sure that all decisions with regard to child custody and child support are handled fairly and legally.
An uncontested divorce takes less time because there is no trial. Scheduling a trial can extend the process by months as you deal with extensions, motions, and the court calendar. If the parties can’t agree on grounds for the divorce, the divorce will take much longer as you and your attorney will have to prove fault to the judge. If you have expensive assets, a business together, or a complicated financial picture, your divorce may take longer than average. If your spouse is not in agreement with the divorce and avoids being served or waits until the deadline for responding, that can also extend the process substantially.
If you and your spouse are in agreement on the divorce and are able to get the paperwork submitted promptly and the divorce procedures are uncontested, the divorce will usually take closer to three months after filing. A healthy divorce is often the fastest way to end the marriage.
Divorces that happen quickly have spouses that agree on division of property and debt, custody and visitation, child and spousal support, health and life and insurance, and any other issues. The spouses will trust each other to be open and straightforward during the process with the goal of a quick end to the marriage. This does not mean, however, that the divorce can happen any faster than the courts are willing to move. Even in the best case, it will still take a few months.
When you are filing for divorce, even if you think your divorce will be easy, begin by speaking with an experienced family law attorney. They can guide you through the process in a way that protects your best interests and allows you to move on in the best possible way. If you’re going through a divorce or thinking about filing for divorce, and you have questions, please contact my office today.