Time
Q: How long does an uncontested divorce take?
 
A: An uncontested divorce may be had relatively quickly. How quickly, depends on how you and your spouse making the necessary agreements, how soon we can fit the documents into our drafting schedule, and how available the assigned judge is to review the file and sign the decree.
 
For an uncontested divorce:

·         The first step at our office is to discuss your situation and agree how to proceed.


·         Next, we do a detailed interview.


·         From the interview, we prepare the petition, final decree, property settlement and parenting agreement which are ready to sign, generally within a week from the time the interview is completed.

·         When the parties sign the documents they are delivered to the court where the judge signs the final decree.

·         At that point your uncontested divorce is final. Divorces that divide property fairly and provide appropriate child or spousal support within the state guidelines are usually approved by the judge on presentment.     
 

Q: How long does an contested divorce take?

A: A contested divorce takes longer than an uncontested divorce.

For a contested divorce:

·         The first step at our office is to discuss your situation and agree how to proceed.

·         Next, we do a detailed interview.

·         From the interview, we prepare the petition, summons and interim motions, make drafts of a proposed final decree, property settlement and parenting agreement. These documents are, generally completed within a week from the time the interview is completed.

·         The petition, motions for interim relief and other documents are filed with the court together with the Summons.

·         The summons, petition and other documents are served on the other party.  

·         From that point time is allowed for the other party to respond, discovery has to made, the motions have to be heard and the case has to be scheduled for trial.

·         Unless an earlier settlement is reached, it can take 6 months to a year for the case to come before a judge for trial.


Email or call Wallace Cegavske at (505) 884-0022.
MAINDIVORCE 101OUR FIRM