Getting a divorce is a big decision, and many people wonder, “How long will it take?” The truth is, every divorce is different. The timeline depends on factors like whether it’s contested, the complexity of issues, and how well both spouses cooperate. In this post, we’ll outline the typical divorce timeline and key steps involved. Understanding the process can help you stay informed and make confident decisions. Working with an experienced divorce attorney can also help make the process smoother.
Step 1: Meeting Residency Requirements
Before filing for divorce, it’s essential to meet the residency requirements set by the state. At least one spouse must have lived in the county where the divorce will be filed for a minimum of three months. This requirement applies to all divorces across the state.
Step 2: Filing the Divorce Petition
The divorce process starts when one spouse, the petitioner, files a divorce petition with the court. The other spouse, the respondent, must then be formally served with the papers. The respondent has 21 days to reply if in-state or 30 days if out of state. While this step is usually simple, delays can occur if serving the papers is difficult or the respondent is slow to respond.
Step 3: 30-Day Waiting Period
In Utah, a mandatory 30-day waiting period begins once the divorce petition is filed, regardless of whether both parties are in full agreement. For uncontested divorces, where both spouses agree on all terms, the process can be finalized soon after this waiting period concludes. However, if disputes arise over custody, property division, or support, the timeline will likely extend, as additional time is needed to resolve these issues.
Step 4: Temporary Orders (If Needed)
During a divorce, either spouse can request temporary court orders to address child custody, financial support, living arrangements, and bill payments until the divorce is finalized. Temporary order hearings may delay the process by a few weeks, especially if more time is needed to gather evidence or prepare. A skilled divorce attorney in Salt Lake City, Utah can help you file these requests and prepare for the hearings, protecting your interests and streamlining the process.
Step 5: Discovery and Negotiation
In a contested divorce, where spouses disagree on issues, the process enters a phase called discovery. During this stage, both parties share key information about finances, property, and other factors affecting the case. Depending on the complexity and cooperation between spouses, discovery can last weeks or months. Many couples try to resolve their differences during this time through attorney negotiations or mediation to avoid going to trial.
Step 6: Mediation and Settlement
Couples with children are often required to attend mediation to resolve disputes outside of court. This may involve one or more sessions, depending on how cooperative both sides are. If an agreement is reached, attorneys draft a settlement document, moving the case toward finalization. A fair settlement can speed up the divorce process. During mediation, your divorce attorney will guide you, ensure productive talks, and protect your rights in the final agreement.
Step 7: Trial (If Necessary)
If mediation fails and the couple can’t reach an agreement, the case goes to trial. A judge reviews evidence from both sides and decides on custody, property division, alimony, and more. Preparing for trial can take months, with court dates often scheduled far in advance—especially in busy areas. This can significantly extend the divorce process by several months.
Step 8: Final Decree
Once all matters are resolved through settlement or trial, the court issues a final decree of divorce, making the divorce legally binding. This document outlines terms related to custody, support, and property division. Even after the decree, steps like transferring property, arranging support payments, or updating legal documents may still be needed.
So, How Long Does It Really Take?
Here’s a general estimate of the timeline:
- Uncontested divorce: 1 to 3 months (after the 30-day waiting period)
- Contested divorce with mediation: 3 to 6 months
- Contested divorce with trial: 6 months to over a year
The more cooperation and preparation, the faster the process moves. An experienced divorce attorney helps you stay on track, understand your rights, and avoid delays.
Conclusion
Divorce can be overwhelming, but understanding the process and timeline can provide a sense of control during uncertain times. Whether your case is simple or complicated, being informed and prepared is key to achieving the best possible outcome. A skilled divorce attorney can be your trusted guide, navigating every step of the journey—from managing paperwork to representing you in court—while safeguarding your future at every turn.
