Divorce for sure is not an exciting life period and something you would like to happen. For this journey, you need to arm yourself with patience, be mentally mature, but also financially. Nobody wants this procedure to be delayed, but to pass as quickly and easily as possible.
Whether you want to get out of a marriage due to a lack of love or bad energy in it, the goal is to go through it smoothly and fast. But how long does it take for this process to be over? Many factors affect the length of a divorce. If the divorce is a product of the will of both parties and doesn’t involve the children, it will be quite easy to pass without complications.
However, if the initiator of the divorce has no voluntary consent of the other person, then the divorce can be a real pain! In the following, we will inform all of you who are facing a more difficult situation of this process and we will try to answer the frequently asked question “how long does a divorce take if one party doesn’t agree”?
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Reasons for divorce
Primarily the reasons for divorce in the UK must be established. Actuall0079, you must state precisely the reason why you are embarking on that process. Those spouses who have been married for at least a year have the right to divorce, with proof that the marriage has failed irretrievably.
If you meet any of the following reasons, you will be able to file for divorce: adultery, unreasonable behavior, you have been separated for more than 5 years, etc.
Duration of contested vs uncontested divorce
It’s very complex to answer this question clearly, because the reason for divorce is not always the same. The length of a divorce largely depends on a few things like: where you live, whether both parties have voluntarily agreed to initiate divorce proceedings, and even court paperwork can greatly complicate this process.
Each state has regulated legal forms and procedures that must be followed when initiating this litigation. The advice to everyone is to be well acquainted with the divorce laws in force in your country. Kabir Family Law can significantly help you in this part and offer you various solutions.
An uncontested divorce is one that both parties agree with and that is initiated by their goodwill. As you can imagine, such a divorce lasts much faster, and the execution of his proceedings can often be resolved on paper, without going to court. If both sides are given private terms, it could be completed in less than half a year.
In a contested divorce, it will take much more time and patience. By the fact that one party resists, or better said doesn’t agree to the dissolution of the marriage, can create many complications. The court hearing in this case is under duress, not once but twice or more.
Waiting during a disputed divorce
Just as marriage is created by the agreement and will of two people to enter into marriage, so the other side of this story could have a “happy ending.” When one spouse files for divorce, the other has less than a month to respond. After the answer, it can take from a month to even 3 months before the case is considered by a judge. This would be in ideal conditions.
However, this is not always the case. Often one spouse delays the process and doesn’t consent to the divorce. In that case, you can certainly get a divorce, but it will take more time. No one can force you to stay married to someone with who you don’t want to be, but the process is quite complicated if your spouse doesn’t consent to your request. Then, it can take up to a year from the process of submitting the request to the verdict itself.
How to deal with the delay of the other side?
The division of property, custody of the child, and especially the spouse’s unwillingness to end the marriage, are some of the main factors influencing the prolongation of the divorce process. If this is the situation with you, arm yourself with patience and be strong because a more challenging period is ahead of you.
The reasons influencing the late reaction of the spouses can be different. Sometimes they are acceptable and justified, while some are the opposite of yours. Divorce is certainly a sensitive topic that involves many emotions, feelings of loss, unfulfillment, etc. While you may see divorce as the ideal solution, it doesn’t necessarily mean your partner shares your opinion with you.
Also, don’t place too much hope in the court that it should order your spouse to sign divorce consent documents, because that will not happen. In the slow play of your spouse in postponing the court hearing or even postponing the response to the divorce petition, you can take a few steps to make it faster. If the spouse has already refused to respond to the divorce petition several times, you can ask the court for certain sanctions against the spouse.
We believe that financial sanctions will speed up your spouse’s thinking and affect his or her obligations to you and the court. You must be aware that in addition to the time that this procedure will require if there is no mutual consent, divorce will also be more expensive.
Mediation- call for a solution
If you can’t agree with your spouse then it’s time to involve a third party. Whether it’s a division of property or a spouse’s lack of interest in responding to a divorce petition, mediation can help you communicate better and come to a solution. The goal of a professional who mediates between spouses must indirectly resolve disagreements and influence the achievement of an agreement.
In this procedure, no one forces one of the parties to accept the position or opinion of others. This method gives good results when complications arise between spouses, so you can keep it in mind. The only drawback is that if the method doesn’t work for you, the procedure can be further complicated and prolonged.
If you have taken this journey and starting a new page of your life, we wish you all best! The divorce process can be long and exhausting, but if your lifestyle doesn’t match the other side, then there is no need to wait. Deal with it and make yourself ready for new adventures!
