The length of the divorce process can vary depending on a variety of factors, primarily the complexity of the case and the willingness of the parties to cooperate. Usually, one parties file a petition for divorce with the court followed by a period discovery (an exchange of information). The court may mandate and will encourage settlement conferences and/or dispute resolution methods such as mediation. If parties are unable to reach agreement, a trial may be scheduled. Some divorces can last several years if not settled. Overall, the process can be time-consuming an attorney can help advice clients about the process.
Here are some examples of short and long divorce cases:
Examples of short divorce cases:
A couple with no children, no property, and no significant assets to divide, who have been married for less than five years, and both parties agree to the terms of the divorce. In this case, the process can be resolved within a few months.
A couple with no children, no property, and no significant assets to divide, who have been married for less than five years, and both parties agree to a divorce by mediation. In this case, the process can also be resolved within a few months.
Examples of long divorce cases:
A couple with children, a significant amount of property, and multiple assets to divide, who have been married for many years, and cannot agree on the terms of the divorce. In this case, the process can take several years as it needs to go through the discovery process, multiple settlement conferences, and possibly even a trial.
A couple with children, complex financial situation and assets, who have been married for many years and have disagreements on the custody arrangements. Even if they agree on the terms of the divorce, the process can take many years, as the court will need to address all the considerations on the best interest of the children
It's worth noting that even when there are disagreements, a divorce attorney can advise clients on the process and negotiate with the other party to reach an agreement, which can help to speed up the process, as well as provide guidance for the client on their rights, assets, and obligations. Also, if the process is particularly complex, the court may require expert testimony, which can also make the process lengthier.
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