How long does a divorce take?

How long does a divorce take?

Are you considering getting a divorce, but want to know how long a divorce takes?

It’s a common concern for people looking to separate from a partner. They worry about being tied to them for longer than necessary, especially if they expect that their partner will contest the divorce terms. Husband and wife sit contempalting division of assets with two toy cars and a split model house

Every divorce is different. There is no quick answer or average that will tell you how long your divorce will be exactly. For some divorces, the process can be wrapped up in a few weeks. For others, it can take years depending on the complexity of the case and the vehemence with which the spouses fight for assets.

The best way to expedite a divorce is to work with an expert family lawyer who knows the ins and outs of the Louisiana legal system. The Johnson Firm can efficiently move through court applications and help mediate your divorce, so you can part from your spouse as peacefully as possible.

Mandatory Separation

Many people assume that they can get a divorce the day that they decide to split with their partner. However, Louisiana requires that spouses live apart during a period of mandatory separation for at least one year if minor children are involved or 180 days if there are no minor children.

Under Louisiana Civil Code Article 103.1, the clock must reset any time the couple reconciles and begins cohabiting or “dating” again.

There are some exceptions where you may be able to skip the mandatory separation period. These are:

  • If one spouse committed adultery
  • If one spouse committed a felony and have been sentenced to death or imprisonment
  • If one spouse abused the other or their children
  • If a protective order was issued to prevent one spouse from seeing the child of the other spouse due to abuse

How long does a no-fault divorce take?

Surveys of American divorces have shown that uncontested divorces take, on average, 12 months. These couples did not go to trial, but some required mediation, which can extend the length of the divorce proceedings.

If you are filing a no-fault divorce, you may be able to complete the divorce proceedings in as little as six months, depending on court processing times.

How long does a divorce with grounds for divorce take?

Fault based divorces in Louisiana are generally referred to as “immediate” divorce. This is a misnomer.  While some fault based divorces can be resolved in a few weeks, if your spouse contests the fault based grounds then a trial will be required. Divorces that go to trial take much longer than uncontested divorces.

One of the reasons that fault-based divorces take longer is the burden of proof. The accusing spouse must prove the grounds for divorce at a trial. This delays the process significantly and can be used as a delay tactic if one party does not agree to the others’ terms.

If you are involved in a complex, contested divorce, you need The Johnson Firm. Our expert associates have worked on hundreds of divorces that required expertise to resolve or litigate the issues. We stepped in to ease tension, protect our client’s rights and make the process as painless as possible.

Work with The Johnson Firm to shorten the length of your divorce proceedings so you can move on and start living your new life.

Call us today for a consultation.

Factors That Delay Your Divorce

These factors play a large role in determining how long it will take to get your divorce:

  • If your spouse refuses to acknowledge receipt of the petition for divorce
  • Degree to which the spouses contest issues, especially related to child custody, spousal support, and community property
  • The number of issues to take into consideration
  • If property needs to be sold
  • If a jointly owned business exists
  • Child custody
  • Spousal support payments
  • If one or more parties have a high net worth
  • The number of assets to be divided
  • If mediation is required
  • How long you have been married
  • If spouses hide assets from each other
  • If any assets need appraisal
  • Whether a psychologist is required to evaluate the family
  • How busy the family court is at the time

Tips to Speed Up Your Divorce

  • Come to an agreement with your spouse on the following ahead of time:
    • Division of assets and debt
    • Custody rights
    • Child support and/or spousal support payments
    • Division of bonds, stocks, and pension funds
    • Any additional issues or divisions
  • Ensure you comply with state residency requirements
  • Do not contest elements of the divorce unless they matter
  • Work with an expert family law attorney in Louisiana
  • Know how long you need to be separated, and do not reconnect unless you plan to cancel your divorce proceedings

Contact a Family Law Attorney Today

If you have decided to end your marriage for any reason, it is important to understand how divorce works, not just how long divorce takes. Speak with an expert divorce attorney as soon as possible to ensure you understand your state’s requirements and know when to file for divorce.

Working to be as civil as possible will help you and your ex-partner save time and money.

However, this is often easier said than done. There are reasons marriages do not work, and they usually do not create a good environment for communication.

Bring in The Johnson Firm to support your needs through this difficult process. We can act as an advocate for you to help facilitate communication, help you decide when to compromise, and fight for what truly matters to you.

Schedule a Consultation

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We believe every person deserves a fair, honest, and just defense and defend clients charged with the pettiest of offenses to the most serious of crimes.

Our attorneys will thoroughly examine every detail of your case and fight to resolve any discrepancies revealed. We have a passion for the truth and will challenge anyone who attempts to obscure it.