Whether a divorce can happen in just 3 months depends on several factors. In some cases it may be possible to fully complete the divorce process within 3 months, while in other cases it will likely take longer. Some key considerations include:
The divorce process timeline
A typical contested divorce timeline includes the following steps:
- Filing the divorce petition
- Serving the petition to the spouse
- Waiting period before the divorce hearing (varies by state)
- Discovery process (gathering financial documents, taking depositions, etc)
- Divorce hearing
- Waiting period after the hearing before the divorce can be finalized
Each state has its own timeline and requirements. Some steps can happen concurrently, while others must happen sequentially. On average the typical divorce process takes around 1 year from start to finish when contested.
Requirements for a quick divorce
While 1 year is the average, it is possible for some divorces to wrap up more quickly. Generally the following criteria make a 3 month divorce more achievable:
- The spouses agree on all issues. A consent or uncontested divorce avoids disputes over assets, child custody, etc.
- There are no minor children involved. Determining custody plans lengthens the process.
- The spouses have minimal joint assets and debts. More complicated finances take longer to divide up.
- Neither spouse requests spousal support (alimony). Spousal support often requires more negotiation.
- The spouses reside in a state with shorter waiting periods. Some states permit quicker divorces than others.
When the divorce is simple and uncontested, that minimizes the back-and-forth delays and facilitates a speedier process. However, state mandated waiting periods limit how fast it can go.
State waiting period requirements
One major factor in determining the timeline is each state’s required waiting period. Some examples of state waiting periods include:
| State | Waiting Period |
|---|---|
| California | 6 months |
| Florida | 20 days |
| New York | No waiting period |
| Texas | 60 days |
As this table shows, state waiting periods can vary from no wait at all up to 6 months or more. So even a total uncontested divorce may not be able to finish in just 3 months if the state’s waiting period is longer than that.
Strategies for a faster divorce
If your goal is to get divorced within 3 months, here are some tips that may help expedite the process:
- Get your spouse to agree to the divorce and work together constructively
- Gather all financial documents early (tax returns, bank statements)
- Come to agreement on division of assets as amicably as possible
- Create a parenting plan and custody schedule if kids are involved
- Hire an experienced divorce attorney to prepare and file quickly
- Opt to mediation for disagreements to avoid court delays
- File in a state with the shortest waiting period
- Be responsive with any requests to move the case forward
- Don’t delay any step unless absolutely necessary
However, even with both spouses cooperating fully, a 3 month divorce may not be realistic in states with longer waiting periods. But following these tips will help complete it as quickly as the laws allow.
Can you get divorced in a different state?
Some couples consider getting divorced in another state than where they live if that state has a shorter waiting period. Each state sets its own residency requirements for filing for divorce:
- Nevada: You only need to establish 6 weeks of residency before filing for divorce in Nevada.
- Florida: To file for divorce in Florida, you must have lived there for 6 months.
- California: You must be a resident of California for 6 months and of the county you file in for 3 months.
So in some cases, it may be possible to temporarily move to a different state, establish residency, and file for divorce under that state’s laws. An experienced divorce lawyer can advise whether this is an option.
Financial considerations
Finances also have an impact on the divorce timeline. Some financial steps that add time include:
- Obtaining all relevant documents from banks, lenders, IRS, etc.
- Getting property (house, cars) appraised to determine values
- Filing taxes from previous years if returns were joint
- Dividing retirement accounts which requires QDRO paperwork
- Gathering information to determine or challenge spousal/child support
The more financial complexity, the longer the discovery process takes. Simple finances with minimal joint accounts or shared property streamlines the case.
Estimating the costs
The costs involved in a 3 month divorce timeframe can include:
- Court filing fees – Between $200-$500 depending on state
- Serving papers – $100-$200 to have papers formally served
- Attorney fees – From $2000-$5000+ for an amicable uncontested case
- State requirements – Classes, counseling, etc. $0-$1000
Rushing the process could also increase attorney hourly fees. But overall, a shorter divorce costs less than a lengthy contested one. A 3 month divorce will cost at minimum around $3000 but could be $5000+ under less ideal circumstances.
How long does the average divorce take?
While some divorces wrap up in a matter of months, national averages show most divorces take significantly longer to complete. Some key statistics:
- The average contested divorce takes 1-2 years to finalize.
- An uncontested divorce may take 9-12 months on average.
- In some cases divorces can take 2-3 years or longer due to disputes and complications.
- The average divorce in California is around 12-18 months.
- Getting divorced in New York takes 14-16 months on average.
- The quickest divorces may finish in 3-6 months in straightforward cases.
Realistically, unless the divorce is amicable and the state has no wait period, 3 months or less is difficult. The average case takes 9-12 months assuming both spouses cooperate.
Average timeline by divorce type
| Divorce Type | Average Timeline |
|---|---|
| Uncontested | 6-12 months |
| Mediated | 8-16 months |
| Contested Litigation | 12-24 months |
| High Conflict Litigation | 18+ months |
As shown in the table, an uncontested divorce in a state with shorter waits can sometimes wrap up in 6 months. But contested cases with disputes can take over 2 years.
How to expedite the divorce
If you want to get divorced as quickly as possible, here are some key steps to speed up the process:
- Talk it through civilly – Aim for compromise and agreement rather than fighting over disputes.
- Gather documentation – Have all papers for finances, assets, taxes, etc.
- Create parenting plan – Propose custody schedule and support amounts for kids.
- Hire attorney – Find one experienced with expediting divorce cases.
- File uncontested – Submit required forms cooperatively and waive hearings.
- Use mediation – If disputes arise, mediate quickly to settle them.
- Stay organized – Keep track of every deadline and paperwork requirement.
- Don’t delay – Be very responsive and agree to things reasonably.
Even cooperating fully, state waiting periods impose a limit. But following these steps allows completing the divorce as fast as legally possible.
Conclusion
A divorce in just 3 months may only be possible under ideal conditions or in states with no waiting period. On average most divorces take 9-12 months at minimum when uncontested. Contested litigation can extend the timeline to 1-2 years in many cases.
The main factors affecting the potential timeline include legal wait periods, level of conflict, complexity of finances, and state processes. Through cooperation, organization, and legal assistance, some couples do finalize divorce in 3 months. However, this is still faster than average, with 6-9 months more typical for an expedited case.