An uncontested divorce typically takes 2-6 months from filing to final decree, while contested divorces can take 1-3 years. The timeline depends on your state's mandatory waiting period (ranging from 0 to 365 days), whether you and your spouse agree on all issues, court backlogs, and the complexity of your assets and custody situation.
Last updated: February 2026 • Reviewed by Divorce.law Legal Team
Both spouses agree on all major issues including property division, custody, support, and debt allocation.
Spouses disagree on one or more major issues, requiring court intervention to resolve disputes.
Complete and file divorce petition (complaint) with your local court. Pay filing fee or submit fee waiver request. This officially starts the legal process.
Your spouse must be officially notified of the divorce. This can be done through personal service, certified mail (some states), or publication if spouse cannot be located.
Read our complete guide to serving divorce papersYour spouse has a set time to file a response (typically 20-30 days). If they don't respond, you may proceed with a default divorce. If they respond and disagree, the case becomes contested.
Many states require a waiting period before finalizing divorce. This "cooling off" period allows time for reconciliation or to ensure the decision is final.
No waiting period: Alaska, Idaho, Montana, Nevada, South Dakota, Washington
30 days: Arizona, Colorado, Georgia, Hawaii, New Mexico
60 days: California, Connecticut, Kansas, Michigan, Missouri, Oregon
90 days: Florida, Indiana, Maine, Nebraska, Ohio
365 days: Maryland (separation), North Carolina (separation)
Both spouses must exchange financial information including income, assets, debts, and expenses. This is mandatory in most states, even for uncontested divorces.
See our financial disclosure checklistIf contested, both sides gather evidence through interrogatories, depositions, and document requests. Settlement negotiations or mediation may occur to resolve disputes without trial.
For uncontested cases, this may be a brief hearing or paperwork review. The judge signs the final divorce decree, officially ending the marriage. In some jurisdictions, no hearing is required for uncontested cases.
| Waiting Period | States |
|---|---|
| No waiting period | Alaska, Idaho, Montana, Nevada, South Dakota, Washington |
| 20 days | Delaware |
| 30 days | Arizona, Colorado, Georgia, Hawaii, New Mexico, Oklahoma, Wyoming |
| 60 days | California, Connecticut, Illinois, Kansas, Michigan, Missouri, New York, Oregon, Pennsylvania, Texas, Utah, Wisconsin |
| 90 days | Florida, Indiana, Iowa, Maine, Minnesota, Nebraska, New Hampshire, Ohio, Tennessee |
| 180 days | Arkansas, Kentucky, Louisiana, New Jersey, Rhode Island, South Carolina, Vermont, Virginia, West Virginia |
| 365 days (1 year separation) | Maryland, North Carolina |
Note: Waiting periods may differ for cases involving children, contested issues, or specific grounds for divorce. Check your state's specific requirements.
Nevada, Idaho, and Alaska have no mandatory waiting periods, allowing divorces to be finalized as soon as paperwork is processed (often 2-4 weeks for uncontested cases). However, you may need to meet residency requirements first. Nevada requires only 6 weeks of residency, making it popular for quick divorces.
Yes. If your spouse refuses to sign or respond, you can pursue a "default divorce." After properly serving your spouse and waiting for the response deadline to pass, you can ask the court to proceed without their participation. The divorce will be granted based on the terms you requested.
This varies by state. In most states, the waiting period starts from the date of filing or the date your spouse is served (whichever is later). Some states start the clock when the response is filed. Check your state's specific rules to understand when your waiting period begins.
In most states, yes. Once the final divorce decree is signed, you're legally single and free to remarry. However, a few states (like Texas and Alabama) have a brief waiting period before remarriage. It's wise to wait until you have the certified final decree in hand before planning a new wedding.
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