No one gets married expecting to get divorced- it sounds cliché, but it’s a simple truth. But unfortunately, sometimes, it just doesn’t work out, making divorce an inevitable part of life for some of us. If you find yourself in this situation, you may need a team of reliable divorce lawyers to smooth out the divorce process. And while at it, you may wonder, “how long will it take to get a divorce if both parties agree?”
The answer, unfortunately, isn’t cut and dry. In short, it depends. Several factors can impact the timeline of getting a divorce. But, generally, when a married couple in Arizona decides to divorce, they will have to go through the legal process of filing for divorce and obtaining a divorce decree.
On average, an uncontested divorce can take about 60 days (give or take a few days) to finalise. In most cases, if both parties agree to the divorce terms, it will move much quicker than if there is disagreement or conflict. However, many factors can impact the duration it takes to secure a divorce, even when both parties agree. Let’s dig deeper and discuss some variables that may affect how soon you get a divorce in the state.
1. Whether You Have Minor Children
The divorce process will likely take longer if you have minor children. This is partly because the court will want to ensure any child custody arrangement is in the best interest of the child or children involved. Among the issues the court will look at are:
- The child’s age
- Any special needs the child may have
- The work schedules of both parents
- The relationship between the child and each parent
- Which parent has primarily been responsible for caring for the child
For divorcing couples with minor children (under 18 years old), it’s vital to note that even if you and your spouse agree on child custody arrangements, the court still has to approve the agreement. As a result, the court may assess various elements before giving the divorce the green light.
2. The Court’s Schedule
Undoubtedly, the court’s schedule can impact how long it takes to finalise your divorce. In Arizona, the court may take up to 30 days to review and sign a divorce decree.
In some cases, if both parties agree to the terms of the divorce, they may be able to bypass the court altogether and get a divorce without ever setting foot in a courtroom. However, this is only an option if both parties agree on all aspects of the divorce, including:
- Child custody
- Child support
- Spousal support
- Division of assets
However, getting a hearing in front of a judge may take longer if there are contested issues. The court’s schedule can also be impacted by the number of cases on its docket and the availability of judicial resources.
3. Property or Assets
When a married couple decides to divorce, they must divide their assets and property. For instance, if you own a business, there may be additional complications in determining the company’s value and how it should be divided. As such, the process can often be time-consuming, especially if the couple has a lot of assets or property.
If you cannot agree on who should get what, it can lengthen the divorce process significantly. And sometimes, couples may need a mediator to help them reach an agreement. However, if both parties can get a fair and amicable agreement, the divorce process can proceed quickly.
Also, if you suspect your estranged spouse might be hiding some assets, it might compound issues. Consequently, nondisclosure will likely impact how long it takes to finalise your divorce.
Therefore, it is vital to consider how your family assets can affect the dissolution of your union before deciding to split up. But the bottom line is that the more complex your financial situation, the longer it will likely take to get a divorce.
4. The Willingness of Both Parties to Cooperate
As it turns out, agreeing to divorce is only one piece of the puzzle. Are both parties willing to cooperate? If so, this can speed things along. If you and your spouse can agree on the terms of your divorce, it will minimise the need for litigation, which would otherwise drag out the process.
You must also clearly understand what you want to achieve from the divorce. If you and your spouse can come to a mutually agreeable resolution and are willing to work together going forward (despite your differences and divorce), it will help avoid unnecessary delays.
Ultimately, choose an experienced divorce attorney familiar with family law to help you navigate the complex process efficiently and effectively. This step can ensure your divorce is as quick and smooth as possible.