I am often asked if a person has to go to court to receive a divorce. The answer is no. In fact, nine out of ten cases settle without a trial. Often times, cases are settled through a negotiation process. Two competent attorneys that are experienced in this field usually can reach an accord of an average case in anywhere from three to four months.
More difficult cases could take an additional month or two, but there is no one specific reason why, with competent attorneys, and reasonable people you could not reach an accord within four to six months. Thereafter, the attorneys would prepare the necessary paperwork, and there would be no need for either party to ever appear in court.
There are a lot of reasons that the difficult cases could take more time than more simple cases. There could be disagreements about the custody of children, the distribution of assets or a number of other factors that slow down the divorce process. If the custody of the children cannot be negotiated in a setting outside of the court, there is always the chance that this will have to be handled by a judge within the court. This possibility goes for any situation where the two respective parties cannot agree on the terms of an aspect of their divorce.
However, many times, the court is not interested in dealing with these disputes and will advise that you and your spouse continue the mediation process further until any outstanding disputes are resolved.
If you are in need of legal counsel, please contact The Penichet Firm and we will be happy to assist you in your family and criminal law matters.