Divorce is Rarely Short and Sweet
Divorce
is not emotionally or legally easy. One of the biggest frustrations for people who
are going through a divorce is understanding how long the divorce process can
take.
At
M&T, we often hear from clients who are confused and anxious about delays,
and don't understand why their divorce is taking so long. We believe having
clear and honest communication about what to expect can go a long way in
reducing stress. Below, this blog will discuss why the divorce process often
takes longer than people expect.
Starting the Process
Once
you've made the decision to get a divorce, the first steps involve hiring a
lawyer, gathering important financial documents, and often discussing key
issues with your spouse. This early stage is crucial. The documents you gather will
become the foundation for your case. The more prepared you are, the smoother
and potentially less expensive your divorce may be.
In
some cases, it makes sense to talk things through with your spouse before
filing. If you and your partner can agree on everything—assets, debts, child
custody, child support, and alimony—you can file an uncontested divorce, which
is faster and more cost-effective.
Why Timing Matters
In
Georgia, you must be a resident for at least six months before filing for
divorce. Once the complaint is filed, the other spouse must be officially
served with the divorce documents, either by signing an Acknowledgment of
Service, or by using a process server. This step alone can take time,
especially if your spouse is uncooperative or hard to locate.
The Role of Discovery and Delays
After
the divorce is filed and the spouse is served, Georgia law allows for a
six-month Discovery period. During this time, each party can request
information, documents, and evidence from the other. This stage often involves
formal tools like Interrogatories, Depositions, and Requests for Production of
Documents.
If
either side fails to cooperate, it can result in a Motion to Compel and
additional delays. Even a single disagreement can stretch the process by
months. When there are extra complexities like a shared businesses, custody
evaluations, or the need for an expert witness, the timeline will likely lengthen.
Temporary Hearings and Mediation
The
divorce process may involve temporary hearings to establish short-term
arrangements for finances or parenting. These decisions are not final but can
set the tone for the rest of the case. Later, Mediation or other forms of
dispute resolution are often used to try to reach a settlement. If settlement
fails, the case heads to a final trial, which could take months or longer to
schedule, depending on the court's calendar.
Patience and Preparation Pays Off
Like
any legal process, divorce takes time to resolve, especially where there are complexities,
the parties cannot agree, or a party refuses to cooperate. At M&T, we aim
to keep our clients informed every step of the way, helping them prepare
effectively and avoid unnecessary delays. Understanding the divorce process
helps our clients feel more in control and ultimately leads to better outcomes.