Once the decision is made to file for divorce, the most common question asked, is how long will it take to finalize my divorce. While the answer depends on many factors, at a minimum, there will be a sixty-day wait from the date of service of the petition on the spouse who did not file for divorce or from the date the non-filing spouse filed an acceptance of service with the court. This is often referred to as the "cooling off" period. However, it is also the perfect time, if you and your spouse are able to do so together or with the assistance of your lawyers, to discuss a resolution of the issues.
Assuming all issues, such as parenting time, support, property, and debts, are completely settled between you and your spouse, a consent decree can be submitted to the judge for his or her approval after the sixty-day waiting period. Once signed by the judge, your divorce will be final.
The finality of your divorce decree, referred to as the Decree of Dissolution of Marriage, is important for many reasons. It affects your right to remarry, your eligibility for health insurance from your former spouse, and filing status for income taxes. And, while you may sign the papers and submit them to the court, keep in mind that the date that triggers the time period for a divorce becoming final is the date that the divorce decree is entered and filed by the clerk of the court.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
