Many people wanting to divorce would like to know how long a divorce will take during the initial consultation. The length of time it takes to get a legally binding divorce varies greatly from person to person. Five points have a decisive influence on the duration of the divorce proceedings. The duration of the divorce describes the duration of the divorce proceedings.
The following factors influence the duration of a divorce:
Length of Divorce Factor 1 – Prerequisites
Certain requirements must be met in order to be able to submit an application at all. The law states that a marriage can be dissolved if the marriage has broken down.
The court assumes a failed marriage,
- If the spouses have been separated for a year (year of separation ) and both apply for a divorce or the respondent agrees to the divorce or
- If the spouses have been separated for three years.
If the respondent does not agree to the divorce after a separation of only one year, facts must be presented and evidence must be provided that the marriage has not failed after all (e.g. lengthy attempts at reconciliation).
With the submission of the application z. B. Deadlines for the settlement of property rights and for the equalization of pensions (pension equalization). Filing divorce proceedings can also have tax consequences.
Duration of Divorce Factor 2 – Preparations
Preparing for a divorce includes compiling the necessary documents:
Marriage certificate and children’s birth certificates
For the divorce, the lawyer requires copies of the marriage certificate and the birth certificates of joint minor children.
Legal Aid Application
If an application for legal aid is to be made, the person wishing to divorce must carefully fill out and sign a form on their personal and financial circumstances and attach all supporting documents. Filling out the form carefully will speed up the process as no court queries are required.
Pay court costs
Without applying for legal aid, the spouses must state the respective net income so that the preliminary procedural value can be calculated from this and the court costs can also be paid with the divorce application. The court will only act after the court costs have been paid. It speeds things up if the court costs are paid immediately with the application.
Duration of divorce Factor 3 – pension equalization
As part of the divorce, the so-called pension equalization (equalization of the pension entitlements acquired during the marriage) must also be carried out by the court.
Agreements on pension equalization can be made between the spouses. These agreements, which can go as far as the complete exclusion of the pension equalization, are subject to certification, ie a notarial deed must be drawn up.
If the marriage lasted less than three years, the pension equalization will only be carried out upon application.
For the pension equalization, both spouses must fill out a form in which all pension entitlements that they have acquired in their working life are to be stated.
The family court asks the individual pension providers for information on the entitlements that were acquired during the marriage.
This is a crucial factor affecting the duration of the divorce proceedings. The more pension providers are involved, the longer the process takes.
If foreign entitlements are also included in the calculation, this can lead to longer delays.
If the pension account has not been clarified and one of the spouses involved does not immediately cooperate in clarifying the account, this also contributes to the delay in the divorce proceedings.
Only when all the information from the pension provider is available will the court set the date for the divorce.
Separation of the pension equalization is rarely possible.
If the pension equalization is ruled out altogether, the divorce proceedings will be significantly accelerated. After the application for divorce has been served on the other spouse and after the period in which the spouse can comment on the application for divorce has expired, the court can set a date for divorce immediately.
Duration of divorce factor 4 – follow-up matters
A further delay in the divorce proceedings can result from the fact that so-called ancillary matters are made pending, since the spouses cannot reach an out-of-court agreement on this.
In addition to the pension equalization (compulsory association):
- All maintenance matters, both towards the common children or between the spouses,
- Matrimonial home and household matters ,
- Matrimonial property matters.
- Ancillary matters can also be matters related to children (parental care, contact).
In these cases, the divorce is only pronounced when a decision can also be made on the subsequent matter.
On the one hand, this has a financial advantage, since the values of the individual procedures are added together and each fee is incurred only once and there are no more procedures with higher overall fees as a result.
If the spouses have agreed on possible points that still need to be regulated in a so-called notarial agreement on the consequences of separation and divorce, this is advantageous both in terms of time and money.
For the preparation of such an agreement, which usually has to be notarized, the specialistdivorce lawyer for family law is available to advise you at “Right Lawyers Las Vegas”. As a rule, the draft of the contract is also drawn up by the latter.
Duration of Divorce Factor 5 – Local Jurisdiction of the Family Court
The local jurisdiction is regulated in § 122. The decisive factor is usually the last joint habitual place of residence of the spouses and/or the place of residence of the common minor children.
The lawyer has no influence on the judge dealing with the matter, in particular not on the duration of the processing. Due to staff shortages or illness, there may be delays in the respective courts.
Final thoughts on the divorce’s length
Many factors influence how long a divorce takes. Divorces that are extremely complicated and likely to result in a lot of conflict can be done in two ways, and they generally take a long time.
If the spouses agree and, in the best case scenario, also reach an agreement on the consequences of separation and divorce, the length of the processes is solely determined by the speed with which information on pension equalization is received and the judge assigned to the case.