Separating and going through with a divorce is usually one of the hardest decisions for couples to make.
And once the decision has been made to separate, the questions is asked how long is it going to take to divorce?
So, how long does a divorce take?
There are different processes that are involved and the time it takes depends on how you go about it.
If you can reach agreement together, you could be single within months. However, if you cannot reach agreement and head to the courts, you are most likely looking at a much longer process.
If you have have decided that you are better off without your ex, a long drawn out divorce is probably the last thing you want. So, how to get through the divorce as quickly and efficiently as possible while minimising the impact on the children and family?
If things are pretty amicable, but you still have problems to resolve or matters to sort out, a mediator can be a great idea. A mediator is a neutral third party who will meet with the couple to try to work out their issues. Being neutral, they won’t be on either person’s side and they will not be advocating for either party. Part of their role involves facilitating communication so that the couple cancan come to an agreement on your own – that is without a judge making the decision.
Mediation processes in Australia are usually much quicker than the Court process. It is a matter of choosing an agreed date for mediation. Some organisations have 6-8 week waiting list. Many private mediators can schedule mediations much earlier. At Claire Naidu & Co, we try and get the parties in as early as possible and sometimes this means it can occur within 1-2 weeks.
The difference here as related to mediation is that you are both hiring a third party to work out the terms of your property settlement and arbitrator will make the decision on issues you can not agree on. While you and your partner may still have lawyers your individual lawyers, the arbitrator can help reach a consensus on certain issues.
Arbitration is also usually much quicker than the Court process. The time to schedule an arbitration is often a little longer than a mediation. At Claire Naidu & Co, we try and get the parties in as early as possible and with sufficient time for the parties to prepare their case. Waiting for a final hearing in the Court system at the time of writing is usually more than 12 months. If Claire Naidu & Co are engaged to provide arbitration, it is possible for a final decision to made pursuant to an arbitration could be made in less than half that time.
A negotiated settlement could be discussions directly between the couple alone or involve their lawyers. If the lawyers are involved, there may be phone calls and send settlement letters back and forth to reach agreements on various aspects of the property settlement and parenting (child custody) arrangements.
If you do go to court and are unable to reach agreement, a judge will make the ruling. If that is a necessary course, it can take longer to get final orders. Sometimes you have to wait months even before the first Court date. And the final hearing could take over a year.
Want to know how to obtain the best outcome in your case in the most expeditious time? We offer an initial consultation and advice to provide advice unique to your situation and we work with you to enable resolution.
Note: This blog does not constitute legal advice and Claire Naidu & Co is not responsible for any reliance upon its contents in the absence of legal advice being provided to you concerning your specific circumstances.
If you would like to find out more about divorce and separation and/or the implications of a divorce on your property and parenting matters, contact Claire Naidu & Co, Lawyers and Mediators for family law advice. Click here for our contact details.