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How Long Does it Take to Get a Divorce?

Posted By Legal Team | May 17 2022 | Divorce

Divorce is a complex and emotional process, and it is understandable that individuals want to know how long it will take once started. However, it is rare that a divorce case is cut and dry, and each case is different. There is no set amount of time that it takes for a divorce case to conclude. Here, we want to discuss the average time for a divorce in Arizona as well as the factors that can affect this timeline.

The “Average” Divorce in Arizona

Under Arizona Revised Statute 25-329, we can see that the waiting period for a divorce in this state is 60 days. In theory, a person could obtain their divorce decree within this time frame, but it is very uncommon for a divorce to happen this quickly.

There is no such thing as a standard time for how long it takes to divorce in Arizona. No two divorce cases are exactly alike, as the factors that affect a divorce will vary from case to case. The reality is that, even with an uncontested divorce, the time frame is more likely to be between 90 and 120 days. However, most divorced cases will take longer than this.

What Factors Affect the Length of a Divorce

There are several factors that can affect the timeframe for a divorce in Arizona. Uncontested divorces, which means that the two spouses have no conflict at all and agree on all of the aspects of divorce, can still take a significant amount of time after the waiting period.

However, if a divorce is contested because the spouses disagree on any of the following, the time frame could stretch on from between six months to more than a year.

Minor children

One of the most contentious aspects of a divorce centers around custody issues for minor children. There are several topics that must be resolved before the divorce decree is finalized, including which parent will have legal custody and physical custody. The reality is that parents can share both legal and physical custody. However, it is certainly possible for one parent to have sole legal and physical custody, or for parents to share one type of custody and not the other.

If one parent has sole physical custody, then there will need to be a parenting time plan in place before the divorce is finalized.

Property division

The division of property is another significantly contentious part of the divorce. This process will become incredibly complicated for those who have been married for longer periods of time and those who have significant assets. Determining who is responsible for the assets as well as the debt acquired during the marriage could significantly delay the divorce process.

Even if one party has all the property in their name, that does not necessarily make the process easier. If the property was acquired during the marriage, it will be community property and subject to division under Arizona law. This property and debt division process can take time.

Court caseload

Another factor that individuals often do not think about, but have no control over, is the caseload of the Arizona family court. The processing of the paperwork and scheduling hearings can extend the Arizona divorce timeline if the court is busy.

Will an Attorney Help Make Things Quicker?

If you are going through a divorce, you need to have an attorney by your side. The reality is that these situations can become challenging, and individuals should not handle all the complexities of a divorce on their own. This is particularly true if the other spouse has an attorney by their side.

A lawyer will be able to examine every aspect of your divorce case, and they understand the nuances associated with the process. An experienced divorce lawyer will make sure that you are not taken advantage of by your soon-to-be ex-spouse.

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