How Long Will My Divorce Take?
It is one of the first questions asked by those considering ending a marriage. How long will my divorce take? For some, the interest is of a financial nature. Others are just ready for the final decree so that their lives can start fresh. A rare few are busy planning a wedding to someone else and need to know their legal availability.
The Court’s Preference
As with any type of court case, the New Jersey courts have guidelines in place intended to streamline the process. Once the divorce complaint is filed, the court is in charge of setting up dates. According to information provided by the judiciary, uncontested matters can make it on the court’s calendar within three months. Cases that are disputed between the parties will require additional hearings, such as appearances at a case management conference or an early settlement panel. Generally, it is the court’s preference that a divorce is finalized within a year of filing. Notwithstanding, some divorces are over within just a few months. Others can take as long as two years.
Issues that Impede the Process
The quickest divorces generally involve parties that have no personal or real property that requires division. Dissolutions that do not include issues of child support or child custody are also the most expeditiously handled. In some cases, the parties are able to amicably come up with their own solutions and need legal counsel to review them. Contested divorce cases could involve the following:
- Child support, custody and parenting time
- Business ownership
- Unemployment/underemployment of one of the parties
- Division of retirement assets, real estate or valuable personal possessions
Any of these issues could require expert retention, which can add considerable expense and time to the process. It typically takes the expert several months to conduct their evaluation and prepare their report.
Working towards Resolution
Your commitment to a resolution is integral to expediting the process. Unfortunately, in some instances, lawyers may stir the pot or fan the flames to make the matter unnecessarily acrimonious for the sake of protracting litigation. Be mindful, the more work your attorney does, the more it costs you. Bottom line is that you may be spending more money to prove a point and walking away with less.
While your attorney should advise you of the law, you are in the driver’s seat. Be selective about what is important to you. Be ready to compromise to achieve a quicker result. It is often easiest to work with counsel to come up with acceptable resolutions. Otherwise, the court will make determinations without your input.
Contact Us
At the Law Offices of Sam Stoia, we recognize the stress associated with ending a marriage. We are mindful of our client’s interests and provide legal advice accordingly. If you are contemplating a divorce, we will gladly meet with you at no charge. Contact us to schedule an appointment.