If you and your spouse are divorcing without kids, you may assume that the process will be over quickly. This isn’t always the case, though. The length of the process will depend on the specifics of the case, including your chosen approach. If both of you, for instance, decide to go to court, the whole process is likely to go over for several months.
Should you go traditional?
Experienced divorce lawyers in Nassau County note that the traditional way of resolving divorce issues involves going on trial and having a judge make the final decision. This can take long as court calendars are usually overcrowded and judges have tight schedules. It can also take months to prepare for a trial. It involves formal discovery, analyzing evidence, writing motions and briefs, and attending hearings.
Going to court may also mean having to deal with the delaying tactics of the other party. For the most part, however, the length of the process can depend mostly on the complexity of your case. Even if there are no kids involved, there are other issues to be settled such as property and debt division, as well as alimony or spousal support.
Letting a judge resolve all related issues may take about 10 months or more to complete. Again, this will still depend on the specifics of the case. The whole process can be a lot quicker if you and your partner can agree on most terms or decide to settle everything without going to court. This approach is also less expensive and less stressful.
Should you skip a trial?
Divorce mediation is one good alternative to divorce trial. This lets you and your spouse meet with a neutral third party called mediator, who will facilitate discussion and assist both parties in resolving divorce issues. This only means that you and your spouse can maintain control over divorce matters, instead of letting a judge have the final say.
Take note that mediation will work only if both parties are willing to communicate and negotiate. The mediator, furthermore, will not be the one making the decision. They will only act as a facilitator to help you and your spouse reach an agreement. You can still choose to have a divorce lawyer if you want; a mediator cannot provide legal advice.
While every divorce case is different, mediation may take a month or two to complete. For complex cases, however, the whole process may take about four to six months. The process of settling issues involves attending mediation sessions and meetings, which can be scheduled once a week, monthly, or any other time. This approach will likely be good for you if:
- Your and your spouse’s decision to divorce is mutual.
- Both spouses are willing to submit all financial documentation.
- There is no domestic violence involved.
- Both parties are willing to negotiate and compromise.
Your divorce may not involve children, but you should never attempt to accelerate the process by making hasty decisions or letting emotions take you over. Keep in mind that the divorce will affect your life in the future. It is best to be prepared and have the right legal representation by your side.