How Long Does a Divorce Take?

The divorce process can be complicated, distressing, and can occasionally take up a lot of time. Discussing your options with divorce solicitors can help make the process as painless as possible, so you and your ex-partner can speed up the divorce process and take as much distress away from the situation as possible.

This period can be challenging no matter the circumstances. Here at Hawkins Family Law, we work with you to ensure careful planning and a hassle-free experience. Our divorce service includes divorce settlements to ensure that your divorce is completed as quickly as possible.

There is no clear answer to how long a divorce takes. This is due to the unique issues or financial matters making up each individual case, as well as how quickly the courts are dealing with applications when you file a divorce with the court.

Traditionally, a divorce would generally take in the region of four to six months from start to finish. However, this has changed with the new divorce law that came into effect in April 2022.

No-fault divorce has transformed the divorce process to be more amicable and straightforward, but it has also impacted how long you should expect to wait for a divorce. On the whole, no-fault divorce proceedings will take a minimum of 26 weeks to finalise.

There are now two required waiting periods in the divorce process timeline that add up to 26 weeks. These pauses serve as ‘cooling-off periods’ to prevent hasty, spur-of-the-moment divorces.

Although each divorce is different and comes with its own requirements and delays, this is the general divorce timeline you can expect:

• Complete divorce application and Acknowledgement of Service – the amount of time this first step takes will depend on if you file separately or jointly. If it is a sole application, the Respondent will be given two weeks to complete an acknowledgement of service.
• Application for Conditional Order – this middle stage of the divorce sees the first waiting period. At least 20 weeks must pass after the application’s date before the Conditional Order can be applied for.
• Application for Final Order – after the Conditional Order is granted, you must wait six weeks before you can apply for the final order.
• Final Order – the Final Order application is expected to take no more than two or three weeks to be processed but this will be driven by the court’s workload. Once you have received the Final Order, your divorce is complete and you are no longer married.

It is crucial that your financial matters are agreed upon and recorded in a court order know as a Consent Order. We would recommend deferring any application for a Final Order until the Consent Order is received, although this is not always necessary. Your solicitor will be able to advise you on what is best in your circumstances. 

See our guide, How to Get Divorced, for a comprehensive look into each step.

There are a number of factors that may affect your divorce timeframe. Likewise, there are some easy steps you can take to ensure that your divorce is completed as quickly as possible.

For example, for a quick divorce:

• Inform your spouse of your intentions to file for divorce ahead of time if possible. This could lead to better cooperation, and you may be able to work out aspects of your divorce amicably without involving the courts.
• When you file, double-check that all of the information included is correct with no spelling mistakes or other errors. These kinds of mistakes may be small, but they can create big delays.
• Try to respond to prompts or requests from the court as quickly as possible. Courts are often overloaded with a large volume of applications. Even if they take their time, you can speed things along from your side.
• Try alternative dispute resolution before you turn to the courts to resolve issues. When it comes to children and financial matters, the court system can drag out disputes for upwards of a year. Alternative dispute resolution, such as mediation, can significantly speed things along.

These precautions can save you time in the long run. However, as stated above, the amount of time it takes a divorce to complete will vary, and even the most straightforward divorce will take at least 26 weeks to complete.

You can apply for a divorce either online or by post. The online divorce application will be quicker.

However, overall divorce proceedings will take the same amount of time no matter how you decide to apply. The process may be faster or easier if you use a divorce solicitor as they can apply for you and ensure that everything is done as efficiently as possible.

There are some obvious issues that will lead to delays in the divorce process – for example, if you have lost contact with your spouse and no longer have their address or if they are unresponsive to the ‘acknowledgement of service form’.

A spouse refusing or defending the divorce will slow down the process. However, there are ways to work around an uncooperative spouse and new laws to prevent this kind of postponement. The more common and time-consuming issues surround children, finances, and property.

Common factors that delay the divorce process include:

Contesting a divorce 

If you have applied for divorce before 6 April 2022, you will have had to provide one of five permissible reasons for the breakdown of your marriage. Your spouse may contest these reasons or defend the divorce which may take the case to court and inevitably slow down the process.

However, the new divorce law has removed this ability to contest a divorce. The divorce will be granted by a Judge on the single reason of the irretrievable breakdown of your marriage.

The only instance in which a divorce can now be disputed is if is based on the validity of the marriage or jurisdiction. Read more on the reforms to divorce law here in our comprehensive guide to no-fault divorce.

children after sepration

If you have children, you will need to make certain agreements or child arrangements. This will determine where they will live, who will pay for their needs, and how much time they will spend in contact with each parent. It’s best if you can resolve these issues without going to court as this will add a significant amount of more time to your divorce process.

The length of court proceedings will depend on the complexity of the situation. However, you can typically expect a child’s general contact arrangements to resolve in the courts in about four to six months. Other issues may take up to a year.

Read our guide, Child Arrangements & Going to Court: What to Expect, for more information.

Our guides, Most Common Child Custody Outcomes and Making Child Arrangements: What Are the Steps, may also be helpful.

Finances

Finances are one of the leading issues to cause delays in divorces and often push the divorce timespan to longer than six months. However, it is absolutely essential these matters are sorted out before the divorce is finalised so that neither you nor your spouse is left in a vulnerable position.

The divorce financial settlement process is mainly done through discussions between the parties, negotiations between solicitors or another form of alternative dispute resolution, or through applying to the court for a Judge to determine the outcome. You may have to consider spousal maintenance or child maintenance in addition to the dividing of your finances.

This can be done over the same period of time as the divorce, but that may delay proceedings. Depending on the complexity of the issues, it may from months to over a year to come to a resolution. Find out how you can receive tailored divorce financial settlement guidance or read more on the settlement process here.

Property Matters after divorce

If you and your spouse own a home together, it may be complicated and time-consuming to decide what to do with your property. You will have to consider if you can sell it or if one of you will continue to live there. These kinds of decisions often lead to high emotions and stress, and it may be best to navigate these discussions with the help of specialist divorce lawyers.

See our guide, Understanding Your Assets During a Divorce, for a comprehensive look into how your assets are affected during a divorce.

There is no required waiting period after a divorce before you can remarry. This means that once you receive the Final Order, you are legally divorced and can marry again as soon as you would like. That being said, it is absolutely vital to ensure that everything is completely finalised before entering into another marriage or civil partnership.

For example, make certain that all of your finances are resolved with your former spouse. Entering into another marriage may affect the application for any property adjustment or spousal maintenance.

If you have more questions on the divorce process, read our article for expert answers to the most common divorce questions. Or, visit our divorce page for more information about our divorce services.

Ready to take the next step? Talk to us in confidence and find out where you stand. Our team of family law specialists – in London, Milton Keynes, and Watford – can advise and guide you from the moment we start working with you.

Ready to take the next step? Talk to us in confidence and find out where you stand. Our team of family law specialists – in London, Milton Keynes, and Watford – can advise and guide you from the moment we start working with you.