The duration of a divorce proceeding is a very important question for the current spouse. The agreement in the process determines the duration of the divorce proceedings. How long a divorce lasts ultimately depends on many details? We want to bring these closer to you in this article. We will also show you how you can shorten or lengthen the duration of the divorce.
1. How long does a divorce procedure last? – Quite simply explained
- The duration of the divorce largely depends on whether the couple divorced by mutual agreement or in a dispute. As the names suggest, an uncontested divorce Las Vegas is much faster than a litigious divorce.
- Before a divorce in Germany you have to complete the so-called ” separation year “. In the year of separation, the remaining spouses live separately from each other. The legislature does indeed require a separation of “table and bed”. The year of separation does not count towards the actual duration of the divorce.
- If the divorce is amicable, the court only decides on the divorce itself and on the implementation of the pension equalization (called joint proceedings). Matters related to the divorce, for example alimony, profit compensation, etc., are settled by the couple without a court.
- A divorce without pension adjustment usually lasts 1 to 4 months. If the pension adjustment is carried out, however, a divorce period of 5 to 9 months must be assumed.
- A great way to shorten the duration of divorce is through mediation. A mediator helps the spouses find out-of-court solutions that both are happy with, even for the matrimonial home that you will both want. Mediators have the task of creating a neutral discussion framework within which compromises can be found.
- The duration of the divorce depends largely on the behavior of the spouse. If you pay attention to certain points, you will contribute to a quick settlement of the marriage. This includes compliance with all deadlines, the conclusion of a follow-up agreement or the waiver of legal remedies.
- Just as the speed of the divorce can be increased, it can also be slowed down through specific actions. If a spouse wants to postpone the divorce, they can, for example, not agree to the divorce, take a lot of time with everything, be unavailable, deny the year of separation and much more.
2. The separation period before the divorce lasts for 1 year
The law in the US provides for a mandatory separation period of one year. This is why the separation period is referred to as the so-called “separation year”. The year of separation is actually only viewed in a broader sense as part of the duration of the divorce. For the legislature, the mandatory separation period is strictly separated from the actual divorce proceedings and is intended as a so-called “probationary period” for the marriage. The duration of the divorce begins with the filing of the divorce petition.
3. Duration of Divorce – Consensual Divorce
The duration of a consensual divorce is significantly shorter than the duration of a litigation divorce. As the name suggests, a consensual divorce is based on the consent of the spouses, i.e. on the mutual consent regarding the divorce itself and its consequences. The fact that the couple agrees to get a divorce at all and the willingness to settle subsequent matters out of court keep the duration of the divorce short. In comparison, the disputed divorce is an unmanageable process with an open outcome and a duration of several months, in the worst case even several years.
A mutual divorce usually lasts between 4 and 7 months. In the case of such a divorce, the implementation of the pension equalization is included. However, if the pension adjustment is excluded, for example in a marriage contract or in a divorce agreement, the duration of the divorce is much shorter: after 1 to 3 months, the divorce is usually settled without pension adjustment.
3.1. Filing a divorce petition: how long does it take to file?
How long it takes for the lawyer to clarify all the details of the divorce with the applicant varies from case to case. Essential factors here are, for example, whether the divorce is amicable and what follow-up matters still need to be agreed. The question of how complex the given situation is also relevant for the duration from the initial contact with the lawyer to the factual submission of the application for divorce. How intensively does the lawyer have to prepare for the divorce proceedings, for example by reading specialist literature? The duration of the divorce is also influenced by how much time the lawyer has to spend communicating with the authorities involved and third parties.
Additionally, you should always allow for a certain amount of lead time. Depending on the workload, it can take a few weeks from the first contact to a personal appointment with the lawyer. Therefore, it makes perfect sense to contact a lawyer several weeks before the end of the year of separation. Fortunately, an initial video conversation is becoming more and more popular these days. Many lawyers can be reached online without any problems.
3.2. How long does it take until the other spouse receives the application for divorce?
After the lawyer has applied for a divorce, it is the family court’s turn. In the ideal case, it then takes two weeks for the court to examine the application and finally send it to the other spouse (the “respondent”). That person then has time to respond to the request. The processing time again depends on the current workload of the family court.
3.3. Fill out the forms for the pension adjustment and submit them quickly
With the application for divorce, the forms for the pension adjustment also come, which each spouse has to fill out separately. In the case of pension equalization, the pension entitlements acquired during the marriage are equalized between the spouses. But only when the marriage had already existed for 3 years. The pension equalization can also be excluded under certain circumstances. Read everything about pension rights adjustment.
If you do not want to prolong the duration of the divorce unnecessarily, you would do well not to take a long time filling out the form. You then send the forms filled in with personal data and information about your income situation back to the address given for the family court. Here everything depends on the speed of the spouses: the faster they work, the earlier the pension insurance institutions start the calculation.
3.4. Pension equalization: how long does it take?
The equalization of pensions is an enormous time factor in the divorce process. If the couple has the compensation carried out, a few months can pass. Strictly speaking, it usually takes 3 to 7 months for the court to receive the necessary data from the relevant pension funds. In the case of a consensual divorce, the pension equalization makes up about 2/3 of the total duration of the divorce. In most cases, however, an equalization scheme makes sense.
3.5. How long is the court hearing?
The court date is set by the court after the forms for the pension adjustment have been submitted. The duration of the hearing can vary. For example, in the case when the spouses disagree on certain things, for example at the end of the year of separation or similar. The amicable divorce in court usually only takes about 15 minutes and is therefore over quickly.
3.6. How long does it take for the divorce to be final?
A divorce ends when the divorce decision is final. After the divorce date, the court will allow 1 month to contest the divorce decree. After this month has passed, the spouses are ” officially ” and legally divorced.