The fastest way to get a divorce in the United States is typically through an uncontested divorce. This is a case where both spouses agree on all major issues such as property division, child custody, child support, and spousal support. In fact, over 90% of divorce cases resolve without trial, often through settlement or agreement, according to the American Bar Association.
The process of divorce is much simpler when there are no disputes. And often, it requires only filing of paperwork and court approval without lengthy hearings or trials. Some states also offer summary divorce or simplified divorce procedures for couples who meet specific requirements. This is possible for short marriages, those with limited assets, and no children.
There are factors affecting the speed of divorce. These are the state laws, court schedules, and when both parties reach an agreement. Learn the essential steps on how to get a quick divorce without further disputes.
Residency Requirements
Every state requires at least one spouse to have lived there for a minimum period before a divorce petition can be filed. These thresholds vary widely. Alaska, South Dakota, and Washington do not impose extended durational residency requirements, though domicile at the time of filing is still required.
The state of Nevada requires a residency period of six weeks. According to FindLaw’s state-by-state divorce law reference, most states require their residents to wait between six months and one year before they can establish their residency. The state of Vermont permits residency-based applications after six months, but it will not issue a final decree until one party completes a full year of residency before the final hearing.
No strategy eliminates the residency threshold. An individual who married in a state without meeting marriage requirements can either wait until they acquire the necessary requirements or pursue a marriage filing in their current state of residence, which they deem appropriate for their particular circumstances.
Mandatory Waiting Periods
Many jurisdictions mandate a waiting duration after a divorce petition is filed. This is a condition wherein the court cannot grant the final divorce decision, irrespective of the parties’ consensus. Also, the length of these periods varies between different jurisdictions. You may need to verify their respective waiting time requirements to be sure.
Texas Family Code Section 6.702 requires a 60-day waiting period before the divorce process can begin. Florida Statute Section 61.19 establishes a 20-day waiting period with specific exceptions that permit certain conditions to bypass this requirement. California mandates a six-month waiting period from the time of service.
The legal process in Missouri requires a 30-day period that starts after the filing of a dissolution case before any court can issue a dissolution judgment according to Missouri Revised Statutes Section 452.305. Under O. C. G. A. Section 19-5-3, Georgia requires a minimum waiting period of 30 days after serving the respondent before the court can grant a divorce.
Waiting periods apply to both contested and uncontested divorces, but some jurisdictions establish specific exceptions to this rule. Most states consider any agreement reached between parties to be ineffective for pausing the statutory time limit.
Contested vs. Uncontested
The state operational framework determines divorce procedures through which contested and uncontested cases function as the most important factor for determining case duration.
An uncontested divorce occurs when both spouses reach total agreement about all divorce matters. This includes property division, debt allocation, spousal support, and parenting arrangements. In this case, you and your spouse can reach an agreement amicably, according to Murfreesboro family law attorney Abigail L. Burnham. You can also alleviate stress when working together, thus avoiding emotional toll that often accompanies contested divorces.
The process requires two main steps, which include petition filing and direct delivery of documents to the other spouse by their signed waiver while waiting the mandatory time period and finishing all documents for court submission.
The parties in a contested divorce proceed to discovery and hearings and potential trial events because they cannot agree on essential matters of their case. The cases can last more than one year, while complex cases may require two years or longer to resolve because of their specific issues and local court schedules.
Mediation and Collaborative Divorce
Litigation alternatives enable case progression when parties attempt to settle their disputes through negotiations but encounter particular disputes. Mediation establishes a neutral third party who guides parties through organized negotiation activities.
The mediator does not decide outcomes. Instead, they help the parties work through disputes on property, support, and parenting.
Mediation results lead to a binding settlement agreement, which gets executed through a legally binding process. Collaborative divorce requires each party to hire their own attorney while all parties work together to reach a settlement through organized negotiations that exclude courtroom procedures.
The parties must choose new attorneys who will represent them during the litigation process when the current attorneys leave after the process fails. Both processes face restrictions because of domestic violence concerns, although one process requires active participation from both parties.
Default Divorce
The filing spouse can request a default judgment after the respondent fails to reply within the time frame established by state regulations. A court can enter a divorce decree granting the terms requested in the petition without the non-responding party’s participation.
Default divorces proceed according to state response deadlines and waiting periods, which replace negotiation as the driving force behind the process.
The non-responding spouse can have a default judgment overturned if they present a valid excuse for their absence and they possess a strong defense against the case.
Documentation
The most common cause of delays in straightforward cases happens when the involved parties do not provide all required financial documents. The court process requires all states to obtain complete financial records, which must be rectified before any legal proceedings can continue.
Prepare the marriage certificate, proof of residence, financial records, any prenuptial or postnuptial agreements, and parenting plan documents in advance to help avoid delays during the process.
Bianca Johnson’s story begins with a strong enthusiasm for writing and motherhood. This passion drove her to launch the blog, Conversations with Bianca. Its purpose is to aid mothers in tackling their daily struggles. Bianca’s personal experiences, along with her love for raising children, inspired her to build a supportive community for parents.
As a mom of two, Bianca knows how hard parenting can be. On her blog, she gives advice on how to combine work and family duties with ease. The hope is that parents can find ways to manage their lives correctly, and still have time to enjoy raising their children. Conversations with Bianca aims to assist modern moms in preserving their autonomy while taking care of their families.