After a Divorce Agreement Is Settled, How Long Does It Take to Get a Divorce?

By Teo Spengler

Don't expect to mark a date on your calendar when your family law judge will sign off on your divorce agreement. You and your spouse may have worked hard and efficiently to come to a compromise on all issues, but the court has its own review process.

Checking the Agreement

Before the judge even looks at your divorce agreement, court personnel usually check the document to make sure you followed the requisite procedure. Each jurisdiction has its own rules about what a divorce agreement (also termed marital settlement agreement) must contain and some require a particular format. If your agreement is incomplete, it will be returned to you for amendment.

Judge's Docket

Many judicial dockets are crowded, so even after your agreement has been cleared for court review, expect a wait. If the judge has questions about the fairness of the agreement or is concerned about child support or custody issues, she may require a conference with the parties before finalizing it. Even if everything meets with her approval, the wait between filing the agreement and having it finalized can be several months. In some states, like Florida, the wait may be only a few weeks.

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Statutory Waiting Period

Your divorce settlement may also be delayed by state laws requiring that a certain amount of time passes between the divorce filing and issuance of the divorce decree. For example, in California, a divorce cannot be finalized for at least six months after the case has been filed and the other spouse was served with the divorce petition.

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Mediation for Divorce in Washington State
 

References

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How Much Time Does it Take to Get a Divorce After Signing the Papers?

Estimating the days before a court approves your marital settlement agreement requires a crystal ball, not a calculator. The fact that you and your spouse have worked out issues amicably is helpful in moving the case along, but the paperwork can get backed up indefinitely if you made procedural errors or the judge finds fault with the agreement.

How to Get a Wife to Sign Final Divorce Papers

You do not require your wife's signature to finalize a divorce; the only signature you need on the final divorce document is the judge's. Compared to yesteryear, divorces are easy to come by in modern America, with all 50 states offering no-fault divorce that does not require spousal agreement or proof of bad conduct.

Time Frame Between Divorce Agreement & Final Divorce

When you and your spouse sign a divorce agreement, the agreement itself becomes binding even though you aren't officially divorced. You aren't divorced until a hearing in front of a judge. The time between signing the agreement and the final divorce hearing varies among the states but usually takes less than two months.

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