Divorce papers how long

If the defendant accepts service of the Summons and signs an Affidavit, the divorce papers are filed with the court immediately. The defendant is given 20 days to reply, and if he or she does not, the plaintiff can file the divorce papers with the court.

The defendant also has the option of signing the papers in front of a notary public indicating that he or she has no intention of contesting the divorce. The plaintiff also signs the papers in that case, and they are filed with the court. Once the divorce papers have been signed and notarized or the time limit for the defendant to respond has passed, the next step in the process is to file the divorce papers with the court clerk's office in the county where the plaintiff lives.

Once the papers have been filed with the court, the question, "How long does an uncontested divorce take? The amount of time it will take to finalize the divorce by having a judge approve and sign the judgment can take anywhere from six weeks to 12 months. Your lawyer or the court clerk's office in the county where you want to file for divorce may be able to give you an answer about how long an uncontested divorce takes to process in your area. The best they will be able to do is give you an estimate.

Once the divorce judgment has been signed, there may be a waiting period where neither party can remarry in certain jurisdictions. This would be the time where either person can file an appeal of the divorce judgment. Your attorney would be able to advise whether this provision applies in your case.

Uncontested Divorce An uncontested divorce is one where the parties have been able to agree about the issues that will make up the terms of the divorce judgment. You can hire anyone, or you can hire a professional process server.

It cannot be you who hands the papers to your spouse. Can I give the papers to my spouse? You cannot do it. It must be another adult. Can the papers be given to someone other than my spouse, like my spouse's mother? The papers must be given to your spouse directly, not to someone else. There is an exception. The papers can be given to someone "of suitable age and discretion" who lives in the same home with your spouse.

You will have to be able to convince the judge that your spouse lives with this other person. If your spouse authorizes, in writing, someone else to accept the papers, then you can serve that person.

Can the papers be given to someone at my spouse's job, like a receptionist or co-worker or boss? The only exception is if your spouse has authorized, in writing, someone else to accept the papers. Where can my spouse be given the papers? What if my spouse won't take the papers? If the person delivering the papers tries to hand them to your spouse but your spouse won't take them, it may be good enough to drop the papers at your spouse's feet, if the person delivering the papers can identify the person as your spouse and says to your spouse that these are court papers for a divorce.

The judge will decide whether this is good enough. What is "certified mail, return receipt"? Certified mail means that the Post Office gives you a slip that proves that you mailed a letter. A "return receipt" is a green postcard that the Post Office attaches to the letter that the recipient must sign to show that he or she actually received the letter. The Post Office mails the green card back to you.

Be sure you keep the certified mail slip and the green card. Who can mail the papers? Uncontested Divorce. Cost of Divorce. Residency Requirements in Divorce. Serving and Answering a Divorce Petition. Summary and Default Divorce. Collaborative Divorce. Divorce Arbitration. Divorce Mediation. Divorce Settlements. Divorce Trials and Appeals. Special Circumstances in Divorce. Dividing Money and Property in Divorce. Frequently Asked Questions. Uncontested Divorce Forms: State Resources.

Alimony Forms: State Resources. Find a Divorce Lawyer. Justia Legal Resources. Find a Lawyer. Law Students.