As the year winds down, many people going through a divorce start to wonder if they can wrap things up before January 1st. The answer depends on a few key factors, including how far along you are in the process and whether you and your spouse agree on the major issues. This guide walks through what affects your timeline and what steps you can take right now.
Time is limited if you want your divorce finalized this year. Contact Puryear, Newman & Morton, PLLC today through our online contact form or call (615) 933-2366 to talk about your options.
How Long Does A Divorce Usually Take
Every divorce case moves at its own pace. Some couples finish in a few months, while others take a year or more to reach a final agreement.
A few things tend to shape how long a divorce takes. These include how many issues you and your spouse disagree on and how busy the local courts are.
- Whether the divorce is contested or uncontested
- How complicated your finances and property are
- Whether you have children and need a custody plan
- How quickly both spouses respond to paperwork and requests
- The current caseload at the courthouse handling your case
Knowing these factors can help you set realistic expectations. It also helps to understand which parts of your situation you can control.
What Is An Uncontested Divorce
An uncontested divorce means both spouses agree on all the major issues. This includes things like dividing property, splitting debts, and any plans for children.
This type of divorce almost always moves faster than a contested one. There is no need for a long court battle because both sides have already worked out the details together.
In Tennessee, couples without children can sometimes finalize an uncontested divorce in as little as 60 days after filing. If you have children under 18, the law requires a waiting period of at least 90 days. This waiting period is a rule set by the state, and it cannot be skipped even if both spouses are ready to move forward right away.
What Is A Contested Divorce
A contested divorce happens when spouses cannot agree on one or more issues. This might include who keeps the house, how to split retirement savings, or how much time each parent spends with the kids.
These cases usually take longer because they often require negotiation, mediation, or even a trial. Mediation is a process where a neutral person helps both sides talk through disagreements and find common ground without going to court.
If your case is contested, finishing before the year ends is still possible, but it depends on how close you and your spouse are to an agreement. Court schedules can also affect how quickly a judge is available to review your case.
Steps To Help Speed Up Your Divorce
While you cannot control everything about your case, there are ways to help move things along. Being proactive with paperwork and communication often makes a real difference.
Here are some steps that may help your case move faster:
- Gather financial documents early, including bank statements and tax returns
- Respond quickly to requests from your attorney or the court
- Try to reach agreements on smaller issues so only the big ones need negotiation
- Consider mediation instead of a lengthy court battle
- Stay in regular contact with your attorney about deadlines
Taking these steps will not guarantee a faster outcome, but they can remove unnecessary delays. Small actions, like turning in paperwork on time, often add up to real time saved.
Why Filing Before The Holidays Might Help
Some people wait until after the holidays to start their divorce, thinking it will be easier once the new year begins. In reality, filing sooner rather than later often gives you a head start.
Courts can get busy at the start of a new year as more people file cases after the holiday season. Filing now may help you get ahead of that rush and keep your case moving.
There is also a personal side to this decision. Many people feel a sense of relief once the process is underway, instead of carrying that stress into the new year.
What Happens If Your Divorce Is Not Final By December 31st
If your divorce is still in progress when the year ends, that is completely normal and does not mean anything went wrong. Many cases naturally take longer than a few months to complete.
Continuing into the new year simply means the process needs a little more time to work through remaining issues. Your attorney can help you understand what is left to do and roughly how long it might take.
It's also worth knowing that a divorce is not officially final until a judge signs the divorce decree. Until that happens, both spouses are still legally married, even if most of the details are settled.
Common Questions About Divorce Timelines
People going through a divorce often have similar questions about how the process works. Here are answers to a few that come up often.
Does the type of divorce change the waiting period? Yes, uncontested cases typically move faster because there is less to negotiate. Contested cases take longer since disagreements often need extra time to resolve.
Can a judge speed up the process? Judges generally follow the required waiting periods set by state law. However, having your paperwork complete and accurate can prevent avoidable delays on your end.
Do both spouses need a lawyer? It is not required, but having your own attorney means someone is focused on protecting your specific interests throughout the case.
Finalize Your Divorce In Franklin, TN With Puryear, Newman & Morton, PLLC
Every divorce case looks different, and only a closer look at your situation can tell you whether finishing this year is realistic. The sooner you start moving forward, the more options you may have.
Puryear, Newman & Morton, PLLC is ready to sit down with you, answer your questions, and help you understand what your timeline could look like. Reach out through our online contact form or call (615) 933-2366 to schedule a time to talk with a Franklin divorce attorney about your case.