If you have decided your spouse is better off as an ex, you’re probably thinking about filing a divorce case. A divorce case is a court judgment to end a marriage. How long does a divorce case take is one of the most asked questions? People looking to end their marriage ask divorce lawyer Buffalo NY how long it will take to get their divorce signed.
The answer depends on several factors. The time it takes to get your divorce signed is affected by:
1. Where you live
If you live in a state that has a mandatory cooling-off or waiting period, your divorce will take more than three months. The cooling-off period gives you time to consider reconciling or adjusting to the new situation.
The length of the cooling-off period varies from state to state. Tennessee has a 60 days cooling-off period for married couples without children and 90 days for couples with children. Some states like California, the cooling-off period takes six months. Some states will only allow you to file divorce after you’ve separated for a set duration.
2. Conflict about custody
For couples running businesses and owning expensive assets, divorce takes more time. You need time to complete all the paperwork, and the judge will also need time to review your papers to make sure they comply with the law. The court will ensure that you get a specific percentage of shares for all assets entitled to you. You can hire a private investigator to help you determine whether your partner has hidden assets.
If you have a child, all issues to do with who will be responsible for the child’s education, medication, and so on must be settled by the court or the two of you. Divorce involving people with children takes longer.
3. Whether your divorce is contested or not contested.
A contested divorce takes longer than an uncontested divorce. A contested divorce is the one where you might be willing to divorce, but your partner is against the divorce. The unresolved issues in a contested divorce add more hearing to the divorce proceedings. A contested divorce takes more than one year.
4. Whether your divorce is a fault-based or not.
A fault-based divorce takes more time because you have to prove your grounds during court hearings and trials. In a fault-based divorce, you blame your partner for breaking the marriage. Your partner may have committed adultery, become cruel and inhuman, or anything else you can’t tolerate.
Your partner can file a fault-based divorce after you have filled a no-fault-based divorce. By doing this, he or she doesn’t stop the divorce. Filling a fault-based divorce case after a no-fault-based divorce case, makes it take long for your divorce to be signed by the judge.
A no-fault divorce takes anywhere between three to six months while a fault-based divorce can take more than one year.
5. Residency requirement
The residency requirement is the amount of time you must stay in your state before filing a divorce. Failure to meet the residency requirement, your divorce will be dismissed or rejected. Divorce lawyer Buffalo NY can advise you on these requirements.