The Timeline of Divorce Varies Depending on Circumstances
Divorce can be emotionally draining and financially expensive, which is why most people want the process to take as little time as possible. How long a divorce takes will depend on your specific situation, needs and goals. No two divorces are exactly the same.
Contested Divorce Takes Much Longer Than Uncontested Divorce
There are two main kinds of divorce cases: contested and uncontested.
In an uncontested divorce, the spouses reach an agreement on everything from child custody to property division without the help of a judge. In our experience, uncontested divorces in Minnesota can be finalized in about two months or less depending on issues that crop up along the way.
If the spouses disagree about various issues, it can become a contested divorce. This could involve the typical courtroom “battle” that many people associate with divorce.
There are various hearings, mediation sessions and potentially a trial, all of which must be scheduled well in advance. The timeline for an uncontested divorce varies greatly depending on how determined the spouses really are to fight, the complexity of their marital estate and other factors. It could take anywhere from six months to two years.
Factors That Can Affect How Long Divorce Takes
A variety of things can influence why some divorces take longer than others, including:
- The amount and severity of any disagreements between the spouses
- Parenting questions, child support and other child-related issues
- The level of animosity and how it affects the spouses’ willingness to cooperate and negotiate
- The value of the couple’s property
- Whether there is a family business involved
- Illnesses, job changes or other unforeseen things that might happen while the case is unfolding
Does Minnesota Require a Separation Period Prior to Divorce?
While many states require spouses to endure a waiting period or separation period prior to filing for divorce, Minnesota has no such requirement. You do not have to live apart from each other for any length of time before filing.
However, Minnesota does have a residency requirement. At least one spouse must be a Minnesota resident for 180 days or more prior to filing for divorce.
Get a Free Consultation With an Elk River Divorce Attorney
If you’re facing the prospect of divorce, you don’t have to go through it alone. White & Associates has more than 20 years of experience helping Minnesotans protect their rights and their families through the divorce process. Our office is conveniently located in Elk River.
To schedule a free initial consultation with one of our family law attorneys, please call 763-241-0477 or send us a message today.