How Long Does a Divorce Take If One Party Doesn't Agree?

When marriage comes to an end, the path forward isn't always clear-cut, especially when spouses cannot reach mutual agreement about ending their union. At Christina Lana Shine, Esq. in Williamsville, we understand that navigating contested divorce proceedings can feel overwhelming and uncertain. One of the most frequently asked questions we encounter is: how long does a divorce take if one party doesn't agree?

The answer depends on numerous factors, including jurisdiction requirements, complexity of marital assets, child custody arrangements, and the degree of opposition from the non-consenting spouse. Understanding these variables can help you prepare for the journey ahead and make informed decisions about your legal strategy.

Contact us today to schedule a consultation and learn how we can help you achieve a favorable resolution in your divorce proceedings.

How Long Does a Divorce Take If One Party Doesn't Agree?

When one party doesn't agree to a divorce, the process typically takes significantly longer than an uncontested divorce, usually ranging from 6 months to 2+ years depending on the complexity of the case and degree of opposition. While most states allow no-fault divorces that don't require both parties' consent, a disagreeing spouse can contest various aspects like asset division, child custody, or spousal support, which extends the timeline through additional court hearings, discovery processes, and potential trials.

The specific duration depends on several key factors: mandatory waiting periods in your state (usually 30 days to 6 months), court scheduling delays, complexity of marital assets requiring valuation, child custody evaluations if children are involved, and whether the case requires mediation or goes to trial. Simple contested cases with limited assets might resolve in 6-12 months, while complex cases involving substantial assets, business interests, or highly uncooperative spouses can take 2+ years. Working with an experienced family law attorney can help streamline the process and avoid unnecessary delays, even when facing an uncooperative spouse.

FAQs

Can my spouse prevent me from getting a divorce by refusing to sign papers? No, your spouse cannot prevent you from obtaining a divorce by simply refusing to cooperate or sign documents. Most states have no-fault divorce laws that allow one party to file for divorce without the other's consent. However, their refusal to participate can make the process longer and more complicated.

What happens if my spouse doesn't respond to the divorce papers at all? If your spouse fails to respond within the required timeframe (typically 20-30 days), you can request a default judgment from the court. This means the divorce can proceed without their input, and the court may grant your requests regarding property division, custody, and support since they didn't contest them.

Will I have to go to court if my spouse contests the divorce? Not necessarily. Many contested cases are resolved through negotiation, mediation, or settlement conferences before reaching trial. However, if you cannot reach agreements on major issues like property division or child custody, a court trial may be necessary for a judge to make final decisions.

How much more expensive is a contested divorce compared to an uncontested one? Contested divorces typically cost significantly more due to additional attorney time, court filings, expert witnesses, and potential trial preparation. While an uncontested divorce might cost a few thousand dollars, contested cases can range from $10,000 to $50,000 or more, depending on complexity and duration.

Can we speed up the process if we agree on some issues but not others? Yes, partial agreements can help streamline the process. Courts often encourage parties to resolve whatever issues they can through negotiation or mediation, leaving only the contested matters for judicial determination. This approach can reduce both time and costs compared to litigating every aspect of the divorce.

What if my spouse keeps changing lawyers or firing attorneys? While your spouse has the right to change legal representation, frequent attorney changes can delay proceedings as new lawyers need time to review the case and get up to speed. Courts may impose deadlines or sanctions if they determine that attorney changes are being used as a delay tactic.

Do I need to prove fault or wrongdoing if my spouse doesn't want the divorce? In most states, no. No-fault divorce laws allow you to cite irreconcilable differences or irretrievable breakdown of the marriage without proving adultery, abuse, or other specific misconduct. However, fault may still be relevant in some states for property division or spousal support decisions.

Can my spouse force us to go to marriage counseling during the divorce process? Some states allow judges to order brief counseling or mediation attempts, but your spouse generally cannot force extended marriage counseling if you're determined to proceed with divorce. Courts recognize that counseling is typically ineffective when one party has already decided the marriage is over.

What happens if my spouse tries to hide assets during the divorce? Courts take asset concealment very seriously. If hidden assets are discovered, the hiding spouse may face penalties including being awarded a smaller share of marital property, paying attorney fees, or even facing contempt of court charges. This is why thorough financial discovery is crucial in contested cases.

Will temporary orders be put in place while we wait for the final divorce? Yes, courts often issue temporary orders for child custody, support, and exclusive use of the marital home while the divorce is pending. These temporary arrangements help maintain stability during the lengthy process but don't determine the final outcome of these issues.

What's the Difference Between a Contested and Uncontested Divorce?

Understanding the distinction between contested and uncontested divorce is crucial when determining how long your divorce will take and what legal strategies may be most effective. At Christina Lana Shine, Esq. in Williamsville, we help clients navigate both types of divorce proceedings based on their unique circumstances.

Uncontested Divorce

An uncontested divorce occurs when both spouses agree on all major issues related to ending their marriage. This type of divorce typically moves through the court system much faster than contested cases, often completing within a few months after mandatory waiting periods.

In an uncontested divorce, both parties reach mutual agreement on property division, spousal support, child custody arrangements, parenting time, and child support obligations. The couple may negotiate these terms independently or with assistance from their respective attorneys, but they avoid lengthy court battles over disputed issues.

The streamlined nature of uncontested divorce makes it significantly less expensive than contested proceedings. Court appearances are typically limited to final hearings, and extensive discovery processes are unnecessary since both parties cooperate in disclosing financial information and assets.

However, uncontested divorce still requires proper legal documentation and adherence to state filing requirements. Even when spouses agree on terms, having a divorce lawyer review agreements ensures that all legal requirements are met and that the final decree adequately protects your interests.

Contested Divorce

A contested divorce involves disagreement between spouses on one or more significant issues. When examining how long does a divorce take if one party doesn't agree, contested cases typically require six months to several years to resolve, depending on the complexity and number of disputed matters.

Common areas of contest include property valuation and division, spousal support amounts and duration, child custody arrangements, parenting schedules, and debt responsibility. Even disagreement on a single issue transforms an otherwise straightforward divorce into a contested matter requiring additional legal procedures.

Contested divorces involve extensive discovery processes where both parties gather financial documents, conduct depositions, and may require expert witnesses for asset valuations or custody evaluations. These procedures are time-consuming and expensive but necessary to present comprehensive evidence to the court.

The contested divorce process often includes multiple court hearings for temporary orders, motion practice, and potentially a full trial where a judge makes final decisions on disputed issues. Settlement negotiations and mediation may occur throughout the process, potentially resolving some or all contested matters before trial.

Key Procedural Differences

The procedural requirements for contested and uncontested divorces differ significantly in complexity and timeline. Uncontested cases typically require only basic filing documents, financial affidavits, and settlement agreements that both parties sign voluntarily.

Contested divorces require extensive pleadings, including answers to petitions, counterclaims, and various motions addressing temporary relief, discovery disputes, and procedural matters. The court maintains active oversight throughout contested proceedings, whereas uncontested cases require minimal judicial involvement until final approval.

Discovery obligations in contested cases include interrogatories, document production requests, depositions, and potential third-party subpoenas. Uncontested divorces may require financial disclosure but avoid formal discovery procedures since both parties cooperate in providing necessary information.

Emotional and Time Considerations

Uncontested divorce allows couples to maintain greater control over their divorce timeline and terms, reducing emotional stress associated with prolonged court battles. The cooperative approach often preserves relationships better, which is particularly important when children are involved.

Contested divorce can be emotionally draining due to adversarial proceedings, public court hearings, and extended uncertainty about final outcomes. The process requires significant time investment for document review, deposition attendance, and court appearances.

However, contested divorce may be necessary when one spouse is uncooperative, attempts to hide assets, or when legitimate disagreements exist about fair resolution of complex issues. A qualified divorce lawyer can help determine whether contest is necessary to protect your rights and interests.

Reasons One Party Might Not Agree On Divorce Terms

At Christina Lana Shine, Esq. in Williamsville, we frequently encounter situations where spouses cannot reach agreement on divorce terms, significantly extending the timeline for case resolution. Understanding these common areas of disagreement can help you prepare for potential challenges in your divorce proceedings.

• Financial Security Concerns: One spouse may resist divorce terms because they fear losing financial stability, especially if they have been out of the workforce or earn significantly less than their partner.
• Child Custody Disputes: Parents often disagree about custody arrangements, visitation schedules, or decision-making authority, particularly when one party believes the other is unfit or when relocation is involved.
• Property Division Disagreements: Spouses frequently contest the valuation or division of marital assets, including the family home, retirement accounts, business interests, or valuable personal property.
• Spousal Support Opposition: The higher-earning spouse may refuse to pay alimony or contest the amount and duration, while the lower-earning spouse may demand more support than offered.
• Emotional Attachment to Assets: One party may have strong sentimental connections to certain properties, heirlooms, or possessions that make them unwilling to negotiate fair divisions.
• Business Ownership Complications: When one spouse owns a business or professional practice, disagreements often arise over valuation methods, buyout terms, or ongoing involvement in operations.
• Retirement and Pension Benefits: Complex retirement plans, pensions, or stock options can create disputes over present value calculations and division methods.
• Debt Responsibility Conflicts: Spouses may disagree about who should be responsible for marital debts, credit card balances, or loans, especially when one party accumulated debt without the other's knowledge.
• Tax Implications: Different tax consequences for various settlement options can create disagreements about the most advantageous way to structure property transfers or support payments.
• Future Income Considerations: Disputes may arise over projected future earnings, career changes, or educational pursuits that could affect long-term financial obligations.
• Insurance and Benefits: Disagreements about continued health insurance coverage, life insurance beneficiaries, or other employee benefits can complicate settlement negotiations.
• Timeline and Process Control: Some spouses resist divorce terms simply to maintain control over the process timeline or to create leverage in other areas of negotiation.

When one party doesn't agree on divorce terms, working with an experienced divorce lawyer becomes essential to navigate these complex issues and protect your interests. At Christina Lana Shine, Esq., we help clients understand their rights and develop strategies to address disagreements efficiently while working toward fair resolutions that allow both parties to move forward with their lives.

The Contested Divorce Timeline

Understanding the phases of a contested divorce helps set realistic expectations about how long does a divorce take if one party doesn't agree to the terms or dissolution. At Christina Lana Shine, Esq. in Williamsville, we guide clients through each stage of the contested divorce process, ensuring they understand what to expect at every step.

• Initial Filing and Petition: The divorce process begins when one spouse files a petition with the court, officially starting the case and triggering any mandatory waiting periods required by state law.
• Service of Process: The filing spouse must properly serve divorce papers on their spouse, which can take several weeks if the other party is avoiding service or their location is unknown.
• Response Period: The served spouse typically has 20-30 days to file an answer or response to the divorce petition, during which they can raise objections or counterclaims.
• Temporary Orders Hearing: Courts often schedule hearings within 30-60 days to establish temporary arrangements for child custody, support, and exclusive use of the marital home while the case is pending.
• Discovery Phase: This extensive information-gathering period can last 3-12 months, involving document requests, depositions, and financial investigations to uncover all marital assets and debts.
• Expert Evaluations: Professional appraisals of real estate, businesses, or complex assets may take 60-120 days, while child custody evaluations can require 3-6 months to complete thoroughly.
• Mediation Attempts: Many courts require mediation before trial, which typically occurs 6-12 months after filing and may result in partial or complete settlement of disputed issues.
• Pre-Trial Preparation: If mediation fails, attorneys spend 2-4 months preparing for trial by organizing evidence, identifying witnesses, and developing legal arguments for contested matters.
• Trial Scheduling: Court calendars often require waiting 3-12 months for available trial dates, depending on the jurisdiction's caseload and the complexity of issues requiring resolution.
• Trial Proceedings: Actual trial time varies from one day for simple disputes to several weeks for complex cases involving substantial assets, business interests, or difficult custody determinations.
• Final Decree Entry: After trial, judges typically take 2-8 weeks to issue written decisions and enter final divorce decrees, officially ending the marriage and establishing ongoing obligations.
• Appeal Period: Either party has 30 days after the final decree to file appeals, during which the divorce remains technically pending despite the trial court's decision.

The contested divorce timeline demonstrates why cases can extend from six months to several years when one party doesn't agree to divorce terms. At Christina Lana Shine, Esq., we work diligently to move each phase forward efficiently while ensuring thorough preparation that protects our clients' rights and achieves favorable outcomes in their contested divorce proceedings.

How a Divorce Lawyer Can Help The Timeline

When facing the question of how long does a divorce take if one party doesn't agree, having experienced legal representation can significantly impact both the duration and outcome of your case. At Christina Lana Shine, Esq. in Williamsville, we understand that time is often of critical importance in divorce proceedings, and we work strategically to move cases forward efficiently while protecting our clients' interests.

• Proper Filing and Documentation: A divorce lawyer ensures all initial paperwork is completed correctly and filed promptly, avoiding delays caused by rejected filings or missing information that could restart waiting periods.
• Efficient Service of Process: Legal counsel knows the most effective methods for serving divorce papers, including alternative service options when a spouse is avoiding service or hiding their location.
• Strategic Case Planning: An experienced attorney develops a comprehensive timeline and strategy from the outset, identifying potential roadblocks and preparing solutions to keep the case moving forward.
• Streamlined Discovery Management: A divorce lawyer can expedite the discovery process by crafting focused requests, negotiating reasonable deadlines, and utilizing legal tools to compel cooperation from unresponsive parties.
• Professional Network Access: Legal counsel has established relationships with mediators, forensic accountants, appraisers, and other professionals who can complete necessary evaluations more quickly than if arranged independently.
• Court Scheduling Optimization: Attorneys understand court calendars and can request expedited hearings when appropriate, while also being prepared for all scheduled appearances to avoid continuances.
• Settlement Negotiation Skills: A skilled divorce lawyer can identify opportunities for resolution and structure negotiations that address underlying concerns, potentially avoiding lengthy trial proceedings.
• Motion Practice Efficiency: Legal counsel knows when and how to file motions for temporary relief, discovery disputes, or procedural issues without unnecessary delays or redundant filings.
• Deadline Management: Attorneys ensure all court-imposed deadlines are met promptly, preventing sanctions or delays that could extend the overall timeline significantly.
• Evidence Organization: A divorce lawyer systematically gathers and presents evidence in the most compelling format, reducing time spent on document review and preparation during hearings.
• Alternative Dispute Resolution: Legal counsel can recommend and facilitate mediation or collaborative divorce processes when appropriate, potentially resolving contested issues without lengthy court battles.
• Preventing Procedural Errors: An experienced attorney avoids common mistakes that could result in case dismissals, appeals, or other setbacks that significantly extend divorce timelines.
• Emergency Relief Requests: When urgent issues arise regarding finances or children, a divorce lawyer can quickly seek temporary court orders to maintain stability while the case progresses.
• Communication Management: Legal counsel handles all correspondence with opposing parties and their attorneys, preventing misunderstandings or conflicts that could derail settlement discussions.

Working with a qualified divorce lawyer at Christina Lana Shine, Esq. provides the legal knowledge and strategic approach necessary to navigate contested divorce proceedings as efficiently as possible. While we cannot control every factor that affects how long a divorce takes when one party doesn't agree, our proactive representation helps minimize unnecessary delays and positions our clients for favorable outcomes throughout the process.

Get Professional Guidance for Your Contested Divorce

Don't navigate the complexities of a contested divorce alone. At Christina Lana Shine, Esq. in Williamsville, we provide the strategic legal representation you need to protect your interests and move your case forward efficiently. Contact us today to schedule a consultation and learn how we can help you achieve a favorable resolution in your divorce proceedings.