followers view all
following view all
|paulodonnell is not in any groups|
What is the Duration on a Divorce Case?
Several factors affect the duration of a divorce case. Generally, the more both parties agree on the terms of the settlement, the shorter the process will be. However, some states have minimum waiting period ranging from a few weeks to a year. Because this is a multi-step legal procedure, there are several potential problem areas in a divorce case. Even with the help of a professional, snags or unexpected events can arise that may elongate or shorten the time it takes to finalize everything. There are five to six steps for a normal divorce procedure.
First, the one of the parties must file Petition for Dissolution of Marriage. The grounds for divorce must be stated. Common terms include no fault, irreconcilable difference, adultery, felony conviction and physical cruelty. If both parties are in agreement about the details of the divorce, they may not need to hire a lawyer and can instead use a court appointed mediator to guide them through the paper work. However, if the marriage lasted for longer than 15 years, involves minor children or there is any level of disagreement over divorce terms, both parties should hire an attorney.
The filing party is referred to as the petitioner and the other is the respondent. After being served with papers, the respondent has 30 days to respond. At this point, both parties will enter into negotiations and if they cannot agree, they will go to trial, which can take one day or several weeks. All trials take place before a judge who will settle the dispute. Some states require couples to be separated for a minimum of one year before filing for divorce. Others set a minimum waiting period of three months (or another length of time) before procedures can be finalized.
Overall, a standard divorce case should take less than two years. It is very rare, but not unheard of, for the legal proceedings to extend past this window. Even with high levels of disagreement and lengthy trials, the process is expected to last around 18 months. If the two parties immediately agree on custody, visitation, property division, alimony, etc. then everything can be completed in as little as 30 days if the state does not have a mandatory wait period. The average process takes around nine months if minor children are involved, otherwise it will be a little less. Aspects such as child custody may lengthen the process due to red tape and negations, but most divorces do not take an extraordinary amount of time. To learn more about a divorce attorney in Irvine, please visit this website.
Paul advises people on divorce and family law matters. You can find his thoughts at Livejournal blog.
|share||like 1||report||24 views|