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Understanding the Divorce Process and Why It Can Take So Long

Publish Date: 05/19/2025

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.

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Divorce Process
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