Family Law & Divorce · Haute Lawyer Network
How Long Does Divorce Take?
Last reviewed: May 2026
The time it takes to finalize a divorce depends primarily on two factors: whether the divorce is contested or uncontested, and the state's mandatory waiting period. A straightforward uncontested divorce can be finalized in as little as 60-90 days. A complex contested divorce can take 2-5 years.
Uncontested Divorce Timeline
An uncontested divorce is one where both spouses agree on all major issues — property division, alimony, child custody, and child support. Most states impose a mandatory waiting period between filing and when the court can finalize the divorce, ranging from 20 days to 6 months depending on the state.
For a typical uncontested divorce with no significant assets: filing to final decree takes 2-6 months.
For an uncontested divorce with complex asset division that still reaches full agreement: 6-12 months.
Contested Divorce Timeline
A contested divorce involves disagreements requiring the court to decide. These involve discovery, depositions, expert witnesses, and multiple hearings.
For a moderately contested divorce: 12-18 months.
For a highly contested divorce involving significant assets, a business valuation, or child custody dispute: 2-4 years.
For a high-net-worth divorce with complex business interests or international assets: 3-5 years.
What Causes Divorce to Take Longer
Disagreements over asset valuation — when spouses own a business or real estate portfolio, establishing value requires expert appraisers and competing experts add months.
Hiding or dissipating assets — if one spouse is concealing assets, forensic accountants must trace financial records.
Child custody disputes — courts may appoint a guardian ad litem, order psychological evaluations, and hold evidentiary hearings.
Court scheduling — busy family courts in major metropolitan areas often have trial calendars backed up 12-18 months.
How to Shorten the Timeline
Mediation is the most effective tool for shortening a contested divorce. A professional mediator helps spouses negotiate a settlement outside of court and can reduce a 2-year divorce to 6-9 months. Collaborative divorce — where both attorneys commit to resolving issues without litigation — can also significantly shorten the timeline.
Frequently Asked Questions
What is the fastest way to get divorced?
An uncontested divorce with full agreement on all issues is the fastest path. Couples who negotiate and sign a marital settlement agreement before filing can often finalize the divorce at or shortly after the mandatory waiting period expires.
Can I speed up the divorce process if my spouse is uncooperative?
If your spouse refuses to participate, you can pursue a default divorce — the court can grant the divorce even without your spouse’s participation after proper notice has been given.
Does it matter which spouse files first?
In most cases filing first has no significant strategic advantage. However the petitioner sets the initial venue and may have slightly more control over timing in some jurisdictions.
Can divorce be finalized while we are still living together?
Yes. Most states do not require physical separation as a prerequisite for divorce, though some require a period of separation before no-fault divorce can be filed.
What is the difference between a trial separation and legal separation?
A trial separation is informal with no legal status. A legal separation is a formal court proceeding that establishes rights and obligations — including property division and support — while the parties remain legally married.
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