How long does the divorce process take?

Please note that these answers are not legal advice. If you’re in need of legal advice or a lawyer please visit our Expert Guide


The length of the divorce process in the United States can vary significantly based on several factors, including the type of divorce, state laws, and the level of agreement between the spouses.

Average Timeline:

  1. Uncontested Divorce:

    • 1 to 6 months on average, depending on state waiting periods and court backlog.

    • Some states require a mandatory waiting period (e.g., California requires 6 months, New York requires no waiting period if uncontested).

    • If both parties are fully cooperative and paperwork is completed promptly, the process is much faster.

  2. Contested Divorce:

    • 6 months to several years, depending on the complexity of disputes and court availability.

    • Factors like property division, child custody, and alimony disputes can extend the timeline.

    • If the case goes to trial, it can take even longer due to scheduling and legal procedures.

  3. Mediation or Collaborative Divorce:

    • Typically 3 to 6 months, if both parties work cooperatively.

    • Avoids lengthy court procedures but still requires legal documentation and final approval by a judge.

  4. Legal Separation Periods (in some states):

    • States like North Carolina require a one-year separation before you can even file for divorce.

    • Others, like Virginia, require separation for 6 months to a year depending on whether there are children involved.

Key Factors That Affect Timeline:

  1. State Laws: Some states have mandatory waiting periods.

  2. Type of Divorce: Contested vs. uncontested impacts the time frame.

  3. Complexity of Assets: Dividing businesses, properties, or complex financial portfolios takes more time.

  4. Child Custody Disputes: Custody battles often extend the process.

  5. Court Backlog: Busy jurisdictions can slow down the process.

Would you like me to provide a breakdown of the divorce timelines for major states like New York, California, and Florida?

Get more info with The Divorce Guide


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