How Long Does It Take to Get a Divorce?

Quick Answer

An uncontested divorce where both spouses agree on all terms typically takes 2–6 months from filing to finalization. Contested divorces involving disputes over assets, custody, or support can take 1–3 years or longer. The biggest variables are your state's mandatory waiting period, court backlog, and whether you and your spouse can reach agreements without trial.

Divorce Timeline by Type

Type	Typical Duration	Key Factor
Uncontested (no children)	2–4 months	Fastest path; agreement on all terms
Uncontested (with children)	3–6 months	Custody and support plans required
Contested (settled before trial)	6–18 months	Mediation or negotiation resolves disputes
Contested (goes to trial)	1–3 years	Court scheduling, discovery, hearings
Summary/simplified divorce	1–3 months	Available in some states for short marriages

State Waiting Periods

Many states impose a mandatory waiting period between filing and finalization. This clock starts when you file or serve papers.

State	Waiting Period	Notes
California	6 months	From date of service
Texas	60 days	30 additional days if children involved
New York	None	No mandatory waiting period
Florida	20 days	One of the shortest
Illinois	6 months (contested)	Waived for uncontested
Colorado	91 days	From date of service
Pennsylvania	90 days	Mutual consent required
Ohio	30–90 days	Depends on contested vs. uncontested
Georgia	45 days	From date of service
Virginia	6 months–1 year	6 months with no children; 1 year with children

Steps in the Divorce Process

1. File the petition — One spouse files a divorce petition with the local court and pays the filing fee ($100–$400).
2. Serve the other spouse — The petition must be formally delivered. The other spouse has 20–30 days to respond.
3. Mandatory waiting period — Most states require 30–90 days before proceeding.
4. Discovery and negotiation — Both sides disclose finances. Contested cases involve depositions, appraisals, and document exchanges.
5. Mediation (if needed) — Many courts require mediation before trial. Sessions run 2–8 hours.
6. Settlement or trial — About 95% of divorces settle before trial. Trials can last 1–5 days.
7. Final judgment — The judge signs the decree. It takes effect immediately in most states.

No-Fault vs. Fault Divorce

Factor	No-Fault	Fault-Based
Grounds required	"Irreconcilable differences"	Adultery, cruelty, abandonment, etc.
Availability	All 50 states	About 30 states
Timeline impact	Faster — no need to prove fault	Slower — evidence and hearings required
Settlement impact	Neutral	May affect property division or alimony
Typical duration	2–6 months	6–18 months

Every state now offers no-fault divorce. Fault-based filings are uncommon and generally only pursued when they might influence property division or custody outcomes.

Cost of Divorce

Scenario	Typical Cost
DIY uncontested (filing fees only)	$200–$500
Uncontested with attorney review	$1,000–$3,500
Mediated divorce	$3,000–$8,000
Contested (settled before trial)	$10,000–$25,000
Contested (full trial)	$25,000–$100,000+

Attorney fees are the largest cost driver. The national average hourly rate for a divorce attorney is $250–$350.

Factors That Slow Down Divorce

• Disputes over child custody add months of evaluations, mediations, and hearings
• Complex assets (businesses, retirement accounts, real estate) require appraisals
• Court backlogs in urban areas can delay hearings by 2–4 months
• Spouse refuses to cooperate — failure to respond extends timelines

Ways to Speed Up the Process

• Agree on terms before filing — Uncontested divorces move through the system fastest
• Use mediation instead of litigation to resolve disputes
• Hire an experienced attorney who knows local court procedures
• Respond to all requests promptly — delays in paperwork compound quickly