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The average cost of a contested divorce is $5,000 per spouse, and takes about 6 months. Some contested divorces can cost $15,000 or more per spouse and take 12 months or longer. Here is the basic process of a contested divorce. One spouse hires a divorce lawyer to file divorce documents with the court to open the case.
In a no-fault uncontested divorce, you will be avoiding a trial. Your divorce can also be a no-fault contested divorce, which is where you and your spouse cannot agree to the divorce terms.
A contested divorce can cause the divorce to enter into litigation because spouses will need to have decisions made for them by a judge. Since they are not able to decide on marital issues for their family, a judge will have to do so in court.
Contested divorce When the spouses cannot agree on all the issues in a divorce. Contested divorces can take one or two years to finalize, depending on the situation.
Waive Mandatory Waiting Period. In some states, couples may petition the court to have the waiting period waived. Act Early. Preparation is a key way to speeding up the divorce process. Cooperate. Cooperating with your spouse and also go a long way towards speeding up the process. Pursue Mediation.
Provided all the necessary papers are completed and filed in a timely manner, couples can get a divorce as quickly as eight weeks or as long as one year. Once all the necessary papers have been filed, the court assigns the plaintiff a review datethe date the judge reviews the paperwork and grants the divorce.
A divorce can become contested after originally being uncontested. If spouses find it difficult to cooperate with one another during mediation sessions, they may be unable to finish the process. This can cause them to contest their divorce instead to have a judge make decisions for marital issues.
A contested divorce is accomplished by filing the divorce papers and then serving your spouse with them. Uncontested divorces are easier because both spouses agree on all the issues such as child custody, child support, division of marital assets, and alimony.
An uncontested divorce will be finalized about three to eight weeks after all documents are submitted to the court. On the other end of the spectrum, a contested divorce, with or without custody issues, can easily take over a year.