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Friday, January 9, 2026

How Long Divorce Typically Takes: What to Expect

When a couple decides to dissolve a marriage, one of the most pressing questions is, “How long will this take?” Unfortunately, there is no single, simple answer, as the duration of a divorce case is highly dependent on a complex interplay of factors, including the state’s legal requirements and the degree of cooperation between the spouses.

The process often feels frustratingly slow, especially to clients eager for closure, yet every step—from filing to discovery to potential trial—requires specific time allocations mandated by law or court procedure. Unrealistic expectations about speed can lead to stress and poor decisions during negotiations.

While uncontested cases move quickly, any significant dispute over custody or finances can extend the timeline dramatically, sometimes stretching a case well over a year. Understanding the mandated minimums and the common causes of delay allows for better emotional and financial planning, and anticipating the actual divorce timeline is essential for all involved parties.

Mandatory Waiting Periods and Filing Rules

Every state imposes minimum requirements that prevent the divorce from being finalized immediately after filing. These mandatory waiting periods are designed to provide a “cooling off” period, offering spouses a final opportunity for reconciliation or, more commonly, time to peacefully finalize their settlement agreement.

In Connecticut, for example, once the complaint is filed and served, there is a mandatory 90-day waiting period before the court can render a final judgment of dissolution. Even in the quickest, most cooperative cases, the divorce cannot be finalized any sooner than this statutory minimum.

Furthermore, jurisdictional rules dictate minimum residency requirements before a complaint can even be filed. These baseline administrative and legal hurdles set the earliest possible date for resolution, regardless of how quickly the parties settle their substantive issues.

Contested vs Uncontested Divorces

The biggest determinant of the timeline is the degree of agreement between the parties. An uncontested divorce occurs when both spouses agree on all key terms—including asset division, support, and a parenting plan—before they ever set foot in a courtroom for a final hearing.

In these cooperative, uncontested scenarios, the process is streamlined, focusing mainly on paperwork and meeting the minimum waiting period. Such cases are typically resolved in three to six months, assuming all necessary documents are completed accurately and promptly.

Conversely, a contested divorce, where spouses disagree on even one major issue, requires significantly more time. This path involves extensive discovery, depositions, mediation, and likely multiple court appearances, easily extending the process into the nine- to eighteen-month range, or even longer if a full trial is necessary.

Factors That Commonly Cause Delays

Several common factors frequently hijack the timeline, pushing the finalization date further out. Financial disputes are a prime culprit, often requiring extensive “discovery” to uncover and value all marital assets, which can involve engaging forensic accountants or business valuators.

Custody disputes are also major time extenders. When parents cannot agree on a parenting plan, the court may order multiple rounds of mediation, require the appointment of a Guardian Ad Litem (GAL) to investigate and report on the children’s best interests, or even mandate psychological evaluations.

Simple scheduling conflicts can also be surprisingly costly. Coordinating the availability of attorneys, experts, and the judge for motion hearings, depositions, and trial dates can take weeks or months, even after all substantive issues have been argued.

Court Availability and Case Load

Beyond the specific issues of a case, the operational reality of the court system itself influences the pace of divorce. Courts often operate with heavy caseloads, meaning there is often a significant backlog of cases waiting for judicial attention.

Even after a document is filed, it must wait for administrative processing, review by the clerk’s office, and allocation to a judge’s calendar. Securing a trial date can take many months, as trials occupy large blocks of the court’s limited time and are prioritized in sequence.

For example, a judge may only be available for a multi-day trial six or nine months in the future. Parties who are ready to proceed with a final hearing are still bound by this external system-level influence, regardless of their readiness.

Setting Realistic Timing Expectations

To avoid frustration, parties must set realistic expectations that align with the specific characteristics of their case, prioritizing cooperation wherever possible to control the speed. An uncontested case can be planned with relative certainty around the statutory minimum.

For contested cases, parties should assume the timeline will stretch significantly beyond one year and budget accordingly for ongoing legal fees and the emotional drain. Regular communication with counsel about the current stage of litigation and expected next steps is critical.

Ultimately, while the legal system establishes the framework and the minimum waiting period, the behavior of the two divorcing parties—their ability to disclose information, negotiate in good faith, and compromise—is the single most important factor determining the length of the process.

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