When you decide to get a divorce, one of the questions you may have includes wondering how long the divorce process will take. Although cases where both spouses agree to get divorced and settle all outstanding issues may only take a few weeks to complete, cases that involve one or more contested matters can take months or years to resolve, especially when spouses take their disputes to trial. Understanding the factors that affect the timeline of a divorce case can help you take steps to make the process more efficient.
Types of Mississippi Divorces
Mississippi recognizes no-fault and fault-based divorces. A no-fault divorce occurs when a couple agrees to get divorced and advises the court that they have irreconcilable differences that have caused an irretrievable breakdown of their marriage. A fault-based divorce requires the spouse who files for divorce to prove that their spouse committed one or more of the statutory grounds for divorce, such as adultery, desertion, or habitual cruel and inhumane treatment.
Couples may also have uncontested and contested divorces. An uncontested divorce refers to a no-fault divorce where the parties have negotiated a settlement of all outstanding issues, such as property division and child custody. A contested divorce means that one spouse disputes some aspect of the divorce, such as alleged fault for the breakdown of the marriage, child custody, property division, or spousal support. Contested divorces can take much longer than uncontested divorces, as the parties must litigate and potentially hold a trial to resolve contested issues.
The Mandatory Waiting Period
In a no-fault divorce, a couple must observe a 60-day waiting period after filing for divorce before the trial court can issue a divorce judgment, even if they have reached a final divorce settlement agreement before filing for divorce. The mandatory waiting period allows a couple who has filed for no-fault divorce to negotiate a settlement of outstanding issues in their divorce or attempt to reconcile the marriage.
Factors That Can Affect the Timeline of a Divorce
Some of the factors that can affect the duration and timeline of a divorce in Mississippi include:
- The asserted grounds for divorce
- Whether the parties have settled or have disputes over issues in their divorce, such as property division, child custody, or alimony
- The parties’ ability to communicate and coordinate each stage of the case
- The schedule and availability of the trial court presiding over the case
- The parties’ litigiousness, including the number of motions they file and the volume of their discovery disputes
Best Practices for an Efficient Divorce Process
Couples can help make their divorce case quicker and less stressful through best practices such as:
- Practicing a willingness to compromise, which can help reach fair and favorable resolutions to outstanding issues
- Taking a cooperative approach to working with their spouse throughout each stage of the divorce process, from pre-filing settlement negotiations to resolving pre-trial issues during the case
- Pursuing mediation, which can help couples achieve settlements despite initial impasses
- Staying organized, including keeping all records and information easily accessible when needed
- Promptly responding to questions or requests from one’s spouse, opposing counsel, or the court
Finally, you can help make your divorce case more efficient by working with an experienced family law attorney who can guide you through each step of the legal process and effectively advocate for your interests at the negotiating table or in court.
Contact a Divorce Attorney Today
Various factors will control the duration and timeline of your divorce. Talk to an experienced divorce attorney from Gregory D. Keenum, P.A., to learn more about what to expect in a divorce case. Contact our firm today for a confidential consultation to discuss how long your Mississippi divorce might take.