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Six Factors That Determine Duration of Divorce

 Posted on June 05, 2018 in Divorce

Six Factors That Determine Duration of DivorceA survey of divorcees found that a divorce takes on average about 11 months to complete, from the initial filing to the final court-approved divorce agreement. There are unusual cases in which the duration is much shorter or longer, but the complicated issues of a divorce can easily take most of the year to complete. You have incentives to want to complete your divorce in a timely manner. A drawn-out divorce will cost more in legal fees, and the process is emotionally taxing. There are several variables that will determine how long your divorce will take:

  1. Location of Divorce: Court availability is a factor for all divorce cases, but some county courts are subject to more delays than others. How soon you can have a court hearing depends on the number of cases the court has and how efficient the court is with its cases.
  2. Filing for Divorce: Your divorce may be delayed from the beginning if your spouse does not cooperate after being served the divorce papers. In some cases, a spouse may be difficult to track down. In others, a spouse may contest the dissolution of marriage. Courts rarely deny a dissolution of marriage request, but you will need to attend additional hearings to resolve the matter.
  3. Existing Agreements: Having a premarital or postmarital agreement can shorten the negotiation process. However, your attorney will need to review the agreement to determine whether it complies with divorce law. A premarital or postmarital agreement cannot settle issues related to children.
  4. Parenting Issues: Spouses often dispute the allocation of parental responsibilities and child support payments during divorce negotiations. Not having dependent children may save months on your negotiation time.
  5. Value of Properties: High asset divorces can take longer to negotiate because there is more financially at stake in dividing properties. You must assess the value of all of your properties, determine which ones are marital properties and negotiate who will retain each property.
  6. Level of Conflict: A divorce moves quicker if the spouses can agree to a settlement without needing a court to decide. In a high-conflict divorce, the spouses may be unwilling to agree on basic issues during negotiations. It takes only one obstinate spouse to cause negotiations to break down.

Taking Your Time

While there are ways to complete your divorce sooner, you should not rush to a conclusion that puts you at a disadvantage. A DuPage County divorce attorney at Calabrese Associates, P.C., can help you create a favorable divorce agreement without unnecessary delays. To schedule a consultation, call 630-393-3111.


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