How Long Does a Divorce Take?
How long a divorce takes depends on the state's mandatory waiting period and on whether the spouses agree. Some states require a set number of days or months before the court can finalize a divorce, even when everything is agreed. Contested cases, where spouses disagree, usually take longer because the court schedules additional steps.
What the law says
- California: the earliest you can be divorced is six months and one day from the earliest of the date the respondent was served, the date the Response was filed, or the date an Appearance form was filed. Judicial Council of California, Form FL-107-INFO, Legal Steps for a Divorce or Legal Separation
- California: with a joint petition, the 6-month waiting period runs from when the joint petition is filed. California Courts Self-Help, Joint petition
- Utah: the court may not enter a divorce decree until 30 days after the petition is filed, unless it finds extraordinary circumstances. Utah Code § 81-4-402
- Utah: parents of minor children must take mandatory courses, the petitioner within 60 days of filing and the respondent within 30 days of being served. Utah Code § 81-4-402
- Colorado: even if spouses agree on all issues, they must wait 91 days, starting when the petition is filed together or the other spouse is served or signs a waiver. Colorado Judicial Branch, JDF 1010, How to File for Divorce or Legal Separation
- Washington: the court can grant dissolution once 90 days have passed since the petition was filed and since the summons was served or first published. Rev. Code Wash. § 26.09.030
- New Jersey: a contested divorce can take several months or longer, while an uncontested divorce can be completed in a much shorter time. New Jersey Courts Self-Help, Contested and Uncontested Divorces
- You are not divorced until the court enters a judgment; a waiting period alone does not end the marriage. Judicial Council of California, Form FL-107-INFO, Legal Steps for a Divorce or Legal Separation
FAQ
What is the fastest a divorce can be finished?
It depends on the state's waiting period. For example, Utah's court may not enter a decree until 30 days after the petition is filed; other states' periods are longer (see the points above).
Does agreeing on everything skip the waiting period?
Not in states that require one. Colorado's courts say the 91-day wait applies even if spouses agree on all issues.
Can the waiting period be waived?
Some states allow it in limited cases. Utah's court can enter a decree before 30 days only if it finds extraordinary circumstances.
Why do contested divorces take longer?
When spouses disagree, courts schedule events such as case management conferences, mediation, and discovery. New Jersey's courts say a contested case can take several months or longer.
Related
- Contested vs. Uncontested Divorce
- Do I Need a Lawyer for a Divorce?
- How Much Does a Divorce Lawyer Cost?
- How to File for Divorce, Step by Step
- Is Child Support Taxable?
- Joint vs. Sole Custody: What's the Difference?
- What Is a Divorce Decree?
- What Is Common-Law Marriage?
- What Is a No-Fault Divorce?
- Who Claims the Child on Taxes After Divorce?
- Divorce & Family Law by state
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.