It is important to keep in mind that no one can tell you with 100 percent accuracy how long your divorce will take. Each and every case is going to be different. However, an uncontested divorce is going to take less time, than a highly contentious marital split. An uncontested divorce occurs when both parties are able to agree on key items. These items typically include:
- Child custody
- Child support
- Division of marital property
Even if you are able to agree to the terms of the divorce judgment, both parties should have legal representation.
How can I achieve an uncontested divorce?
The first step is going to be finding a reliable divorce attorney near you. Speaking with a legal professional will help ensure that all of your paperwork has been completed correctly. More importantly, they will be able to help address any concerns, making sure your rights are being upheld.
Remember there is a mandatory waiting period.
In Utah, there is a mandatory waiting period of 60 days once the divorce has been filed. Typically judges believe this waiting period is a good idea, and will not waive this time. However, in certain circumstances such as military deployment judges have been known to waive this waiting period.
The other side of the coin.
There is not a mandatory time period in which a divorce must be finalized. In some cases, divorces can be concluded near or around the 60-day mark. In other situations, the divorce can take more than 12 months to address all issues and have each party come to an agreement. This is usually not a situation that people want to find themselves in. It can generally make your divorce cost more to finalize. And perhaps even worse, it can inhibit your ability to move on with your life and find a better situation for you and your family.
Other issues that can slow down the legal process
These last issues are not things you can really control, nor are they the fault of anyone. However, if you have these items in your life, you can mentally prepare for a longer divorce timeframe.
Children: Parents can sometimes come to disagreements when it comes to the lives of their children after the divorce. Ideally, both parents want what is best for their children but cannot agree on what that means. We are not saying you should drop or submit on an important issue. However, if you know there will be disagreements when it comes to your children, expect a longer divorce period.
A division of property: Lastly, if you own a large amount of property it can be difficult to divide everything. This is especially true if income or marital property comes from a privately owned business. An issue like alimony or child support is typically easier to determine when income is based on a steady salary. When looking at a privately owned or publically owned business, it is harder to calculate these numbers.
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