Law

How Long Does A Contested Divorce take

Estimating the factors that a contested divorce would take depends on various factors. Some examples are if the state has a “cooling off” period, the place you live in, whether you are filing a fault-based or no-fault divorce, etc. When you file for a divorce, you may want to know how long it takes to get one. A Wisconsin divorce attorney can help you by making you aware of the factors that affect the time period of a contested divorce.

How long does a contested divorce take

The factors that will affect the time period when filing for contested divorce:

  1. If you are required to have a period of separation
  2. The state you are living
  3. If your state has a “cooling off” or waiting period
  4. If you have fulfilled the residency requirements
  5. Whether your divorce is no-fault or fault-based
  6. If you have expensive assets or businesses that need to be evaluated.
  7. Alimony payment
  8. Child custody

We will explain the main points that affect the contested divorce.

  • “Cooling off” periods

The speed of your divorce can depend upon the “cooling off” periods. In some states, “cooling off” periods is not mandatory. A cooling-off period is a time when you have to wait before you can get divorced. This waiting period allows you to adjust to the new environment and situation. 

States like California have six months waiting period, whereas Tennessee has a 90-day waiting period when there are children and 60-day without children. 

In some states, it is mandatory to stay separated from your spouse for a year, or else you can not file for divorce.

  • Managing property

Property management is another dispute when filing for divorce in some cases. The case might get complicated if a spouse attained property without the other spouse’s knowledge. For example, if a property is inherited by a spouse by someone in their family but does not have the other spouse’s name. Another example can be if a spouse attained property before the marriage. Even if the couple finds out the number of properties, another issue can be figuring out its value and dividing it among themselves.

  • Child custody

If the separating couple has children, another thing to decide will be the child custody and support.

Child custody is often resolved with a spouse having the primary custody rights and the other having visitation rights. It means the spouse having prior custody rights will have the child on weekdays, and the other spouse can visit the child on weekends or every other weekend. 

Back to top button