How Long Does the Uncontested Divorce Process Really Take?

Initial Paperwork and Filing

The uncontested divorce process begins with the filing of a divorce petition. This step requires filling out forms provided by your local courthouse or, in many cases, available online. You’ll need basic information, like your marriage date, grounds for divorce, and the details of your settlement agreement. Once the petition is complete, it’s filed with the court, often accompanied by a fee. Getting organized early on can make this stage much smoother and reduce delays.

Serving the Divorce Papers

Once the petition is filed, the next step is serving the divorce papers to your spouse. In an uncontested divorce, where both parties are cooperative, this step is often straightforward. Your spouse can sign an acknowledgment of receipt, which keeps the process moving along without added delays. However, if your spouse is unavailable or out of state, finding them and completing this step could take longer.

Mandatory Waiting Periods by State

Some states have short waiting periods, sometimes as brief as a few weeks, while others require a six-month waiting period before a divorce can be finalized. This waiting period is often a “cooling-off” period, giving both parties time to reconsider the divorce. Even if both spouses are ready to move on, this period is non-negotiable in states where it’s required.

Knowing your state’s waiting period can help you manage expectations. If you’d like to explore more about uncontested divorce, click here to learn more about specific timelines and requirements.

The Court Review Process

After the waiting period has passed (if your state requires one), the court will review your case. In uncontested divorces, this step usually goes quickly. Since both parties have agreed on all major issues, there’s no need for a trial or prolonged hearings. Instead, a judge or court official will review the paperwork to ensure that everything is in order.

In some cases, a brief hearing may be required, though it’s often just a formality. The judge may ask a few questions to confirm that both parties are in agreement and understand the terms of the divorce. Many couples find this hearing to be straightforward, especially since there’s no need to debate issues. Depending on the court’s schedule, this part of the process might take a few days to a few weeks.

Finalizing the Divorce

Once the court review is complete and any required hearings have been held, the judge signs the divorce decree. The final decree is a legal document stating that your marriage has ended. It includes any relevant agreements regarding property, custody, and finances. Once this document is signed, your divorce is final.