About Me

Don't Be In The Dark About Our Legal System

Hello, I'm Karla Mitchell. Going through a legal case can be very expensive and challenging. I won't go into details, but I recently underwent my own legal battle that lasted several years. It is finally over and I successfully received a settlement, but I had to spend so much time studying law in order to play my role in my own court case. While I found a great attorney at one point, I felt completely lost initially and I don't want anyone else to experience the same thing. So I decided to create this blog for those who would like to know more about law.


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Don't Be In The Dark About Our Legal System

5 Factors That Decide How Long A Divorce Will Take

by Andrew Martin

Divorce law is not a uniform system, and that means there are a handful of factors in each state that will determine how long your case might take. Let's look at five considerations that may dictate the length of the divorce process for you.

Cooling-Off Period Requirements

Only six states don't have cooling-off periods built into their divorce systems. The longest cooling-off period for divorce is in California, where a divorce can't be finalized for six months.

The implication of all this is basically that you can't divorce right away in most states. You have to wait out the cooling-off requirements, even if both parties firmly agree they want the marriage over with and aren't disputing anything.


Separation requirements may also be in play, especially if one partner didn't move out of the common residence right away. These requirements generally overlap with the state's cooling-off rules, but you may be required to present documentation showing when you both separated. This is especially the case if both former partners continue to reside in the primary residence. Modern technology makes this a little easier because texts and app messages can be used to show when the separation occurred.

Establishing Venue

If the marriage involved some unusual living arrangements due to travel, business, or military service, there can be a question of venue, particularly if one party wants to shop for a venue that they feel will favor them. It's an unusual scenario, but the court may require evidence from both parties showing that they have established ties with the state during their marriage before allowing the state's laws and courts to be used in the case.

Fault vs. No-Fault

First, to be abundantly clear, no-fault divorce is the de facto law of the land throughout America. Some states don't even allow fault claims in divorces anymore. Unless there are serious issues involving hidden assets, an at-fault divorce probably isn't worth the bother because it can push the timeframe up to years.

With that in mind, an at-fault divorce is likely to make the process go longer. In the worst scenario, an at-fault divorce leads to a trial where questions about adultery, inhumane treatment, or other issues have to be hashed out just like they would in other civil proceedings.

Time for Paperwork

Serving papers takes time, and most states have some allowances for being out of the area or the country on business or while serving in the military. You may need to employ a process server to ensure receipt of paperwork, and some states require it.

For more information, reach out to a firm like Cooper Levenson Attorneys At Law.