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How Long Does it Take to Get a Divorce?

Action Is
Filed
20 Days To ­Respond 90-day Waiting ­
Period
Final Decree
The spouse ­bringing the divorce action ­provides information to the lawyer. The lawyer prepares and files papers with the court. The other party is notified and has 20 days to answer. A 90-day waiting period begins. (If the court orders marriage ­counseling, the waiting period will not start until counseling is done. 

First, a spouse who brings a divorce action will visit with the lawyer and provide necessary information. Then the lawyer prepares and files the usual papers with the Clerk of Court. The other party is notified and has 20 days to answer.

Once the other party has been served, a ninety-day waiting period begins. During this time, the parties might get counseling or work out the terms of their agreement. No decree can be entered until this 90-day period is over. During this 90-day waiting period, the court may enter temporary orders on child support, custody, and visitation. (See the next page.)
If the court orders conciliation (marriage counseling), the 90-day period will not start until the conciliation is done. Couples are usually ordered to take part in the counseling for 60 days.

The court may shorten the 90-day waiting period in cases of emergency or necessity.

If the parties can work out the terms of their agreement, a hearing date is scheduled. Most hearings can be scheduled soon after the ninety-day waiting period has ended. It may take more than ninety days to work out the agreement.

If the parties are unable to work out an agreement, their divorce is contested. This means a trial must be scheduled. Depending on the number of issues and how difficult they are, a trial date may be months away. Once a judge hears the case, it may be weeks or even months before getting a final decision and decree.

In certain cases, it is possible to get the divorce without a court hearing. Among other requirements, all the necessary documents must be on file. The parties must also have entered into a written agreement settling all the issues involved.

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