Divorce 101: How Long Does A Divorce Take? (2025)

Contested vs. Uncontested: How Long Does an Uncontested Divorce Take?

The simplest and fastest divorces are those that are not contested. When both parties agree on the basics of the divorce, including issues like alimony, child custody and division of assets, you can have an uncontested divorce. This doesn’t mean, however, that the process will be immediate.

Most states have a waiting period after you file the divorce papers before the marriage dissolution becomes valid. Typically, this waiting period is between one and three months, but many factors can influence the timeline. If you need to attend court hearings, which could be necessary, you can expect to have a longer wait.

Alternatively, how long does a divorce take if one party doesn’t agree? Contested divorces occur when you and your spouse don’t agree on all of the details of the marriage dissolution. These divorces require a trial, which means waiting for a court date. That can slow the process significantly.

Some states recommend mediation before going to trial. If you can come to an agreement during this time, you can save that trial time, but you’ll still have to wait for a final hearing so the court can approve the arrangements you’ve settled on.

How long does it take for a divorce to be final if it’s contested? Usually, it will take between six months and a year, depending on where you live and your case’s exact circumstances.

At-Fault and No-Fault Divorces

Some states allow for at-fault divorces, which requires stating specific reasons for divorce, such as adultery, cruelty or physical abuse. Because you’ll have to wait for a hearing, they can take about a year to finalize.

No-fault divorces, however, typically require a separation period. In North Carolina, for example, you must demonstrate that you’ve been separated for a full year before being able to file for divorce. Despite this, no-fault divorces tend to be faster than at-fault ones.

Complex Divorces

A complex divorce is one that involves a high-conflict couple, one with a lot of assets or debts or one with children. High-net worths can quickly complicate all divorce matters, especially if there are significant business assets. If there is significant debt, that can also make the process less straightforward.

If there are children in the marriage, then custody issues can add another layer to the negotiation process. Often, spouses argue not only on custody arrangements but also on details like religious upbringing and school choices. These will usually require a court hearing.

Online Divorces

Online divorces are an option if you are filing for an uncontested divorce. Online divorce service providers guide you through the steps of preparing the divorce paperwork you’ll need to file and finalize the divorce in your state.

Keep in mind that you won’t officially be divorced just by going through the online process. You’ll still have to depend on the court system.

The online process can take a couple of hours, but you’ll have to wait for your state to finalize the divorce. That can take between a few weeks to a few months, depending on where you live.

Factors That Can Influence the Divorce Timeline

When asking yourself, “How long does a divorce take?” remember that a few other factors can influence the timeline.

State Requirements

Each state has its own rules regarding divorce. Some require a separation period, which can range from six months to a year. This is particularly true when it comes to no-fault divorces.

The majority of states also have residency requirements that stipulate you or your spouse must live in the state for a certain period before being able to file for divorce in that state. That can slow the timeline substantially.

Additionally, many states have cooling-off periods you must complete before you can get divorced. These periods are meant to provide a chance for reconciliation or to become adjusted to your new living situation.

Prenuptial and Postnuptial Agreements

If you and your spouse prepared well-drafted prenuptial or postnuptial agreements, you can make the process much faster and simpler. These arrangements require full disclosure of assets, which already simplifies the proceedings because all parties will be aware of the financial implications of divorce.

Trouble Serving Papers

The process can grind to a halt if you are unable to serve your spouse with divorce papers. Some spouses make themselves difficult to find. If that’s the case, your lawyer can help you find the right solution.

Court Schedule

In less populous areas, you might be able to quickly get a court date, but that’s not the case if you live in a big city. Some people have to wait a few months before they can go in front of a judge.

Make the Divorce Process Easier With an Attorney

Going through a divorce is never going to be simple. It can be an emotionally fraught process that impacts spouses and children, which is why it’s vital to rely on attorneys for guidance. From a divorce mediation lawyer to those who offer divorce litigation services, having experienced representation can simplify the proceedings.

At ConsumerShield, we can help you connect with leading lawyers in your area so that you can begin your divorce correctly. Contact us to learn more about your options.