How long does a divorce take if one party doesn't agree?
Asked by: Miss Liana Shields | Last update: October 1, 2025Score: 4.9/5 (54 votes)
Nationwide, contested divorces take at least several months to over a year to get finalized. The main factor affecting the length of a divorce is the case's complexity. There are many factors to consider, but the main ones are: Division of assets and debts (any high-value assets, shared properties, businesses, etc.)
What happens if one spouse doesn't agree to divorce?
But ultimately - if your spouse won't sign your divorce papers or won't participate in your divorce - you will need a judge to divorce you. What's important to remember is that if you and your spouse can't agree on your divorce terms a judge will decide your divorce issues for you. You WILL get divorced.
How fast can you get divorced in NM?
Providing you can meet a few general requirements, there is a reasonable chance that your divorce can be settled within 30 to 90 days of filing the paperwork in New Mexico. These requirements are: The paperwork is completed correctly.
What happens if one party doesn't show up for divorce court?
Typically the Judge will dismiss the case if neither party shows up. However, the Judge may have also continued the case, so your case may still be active. Most likely your case is still active because the initial court appearance is a 30 day status conference.
Can I divorce my husband even if he doesn't agree?
If you live in the US, there is ``No Fault Divorce'', which means that either spouse can decide to terminate the marriage for any reason, or no reason. So if you live here, you can simply contact a divorce lawyer to get the process started, and your husband will be served the divorce papers.
How long does a divorce take if one party doesn’t agree?
Who loses more in a divorce?
Despite their best efforts to arrive at an equitable agreement, financial disparities between spouses after divorce are a reality for some couples. There is a good body of research on the subject that shows women bear the heaviest financial burden when a couple divorces.
What happens if one party doesn't want to divorce?
If one spouse doesn't wish to divorce, they may become contentious on multiple issues in order to prolong the process. The court requires divorcing spouses with contentious issues to attend mediation sessions to attempt to resolve their dissension with professional help.
What happens if a spouse refuses to be served divorce papers?
What is a Default Divorce in California? If due diligence fails and the spouse successfully avoids the attempts to serve the papers, the process moves into a default divorce process.
What is the first thing to do when separating?
- Step 1: Select a Divorce Attorney.
- Step 2: Determine Grounds For Divorce.
- Step 3: Understand State Laws.
- Step 4: Financial Assessment.
- Step 5: Nurture Your Well-Being.
What is the D Day of divorce?
In recent years, a mythical D-Day has been propagated and cynically pitched to people at Christmas. This is Divorce-Day. The first working day after the Christmas holiday on which, supposedly, a small army of disgruntled spouses contact divorce lawyers like me en masse seeking a divorce.
Does it matter who files for divorce first in NM?
There is nothing wrong with filing first, just be prepared for what will follow once you do.
What is the quickest divorce you can get?
The easiest type of divorce, which takes the least amount of time, is called an uncontested divorce.
What is a wife entitled to in a divorce in New Mexico?
New Mexico is a “community property” state and also an “equitable distribution” state. This means that marital assets and debts are generally split 50/50 between the spouses unless another division is agreed upon by the spouses.
Can a divorce be finalized without custody?
If each partner has already agreed on an acceptable child custody arrangement, then the judge may allow the divorce to be completed before the child custody has been legally filed.
What happens if one person wants divorce and the other doesn t?
In short, if one person wants out of a marriage, he is legally able to do so, whether the other person agrees or not. This is a freedom that hasn't always been the case—prior to 1970, no-fault divorce laws didn't exist in the United States.
Can I divorce my husband without him knowing?
Can you get a divorce without notifying your spouse? Generally, no. Although courts may make an exception if notifying your soon-to-be ex-spouse is not possible. In most instances, service of process on your spouse is required.
What is a silent divorce?
What is Silent Divorce? In a silent divorce, the couple is legally married, but they have lost the emotional bond they once had. Although they live together and appear to have a regular marriage, they live separate lives. The couple typically lives in the same house but has limited to no interaction.
What should you not do when separating?
- Do Not Move Out of Your Family Home. ...
- Do Not Rush into a New Relationship. ...
- Do Not Deny Your Partner the Right to Co-Parenting. ...
- Do Not Involve Your Family Members and Friends in Your Separation Process. ...
- Do Not Sign Any Documents Without the Consent of Your Lawyer.
What are the 5 stages of separation?
They are denial, anger, bargaining, depression and acceptance, according to Mental-Health-Matters. These are the natural ways for your heart to heal.
Can I get divorce without my spouse's signature?
California is a no-fault divorce state, meaning you can end your marriage without stating a reason for wanting to do so. You can also divorce your spouse without their consent or even receive a response from them, as long as you have made a reasonable effort to contact them.
How long does a divorce take if one party doesn't agree in Texas?
If one party doesn't agree, the divorce can take six months to a year or longer, depending on the disputes.
Should I tell my husband I filed for divorce before he is served?
If you want to set a positive tone for your divorce process, you should be the one to inform your spouse you have filed for divorce. You owe it to your spouse to tell them you have taken action and that they will be served (or mailed) divorce documents.
Can a judge refuse to grant a divorce?
A judge can deny a divorce and force marriage counseling in certain circumstances. In most states, a divorce can be granted by a court if the marriage is irretrievably broken. However, some states allow judges to deny a divorce and require couples to attend marriage counseling instead.
What happens if neither party shows up for divorce court?
If you and your spouse have a scheduled date in divorce court, both of you must attend. If you don't, you risk the court dismissing the divorce petition. If this occurs, you will have to refile your petition for divorce and pay fees once again. However, the judge may not automatically dismiss your case.
Do both parties have to be present for a divorce?
No. Only one party needs to file. The other is served with divorce papers and then the case moves towards a hearing.