Going through a divorce is one of the toughest experiences anyone can face.
Truthfully — nobody knows what happens after you file paperwork. It’s like one big question mark.
Here’s the truth:
Divorce moves along on a fairly consistent schedule. Once you know what to expect at each stage, the unknown won’t seem so daunting.
This guide walks you through the divorce timeline from start to finish, beginning with the petition and ending with the decree.
Time to dive in!
Inside this guide:
- Why the Divorce Timeline Matters
- The 6 Key Stages of the Divorce Process
- How Long Does Each Stage Take?
- Tips to Speed Up Your Divorce
For more on this topic, check out the full Tough Times collection
Why the Divorce Timeline Matters
Did you know that divorce is quite common? In fact, the CDC reports that there are 86 divorces per hour in the United States. That’s compared to 230 marriages per hour. Simply put, there are a lot of families going through the same thing you are.
The thing is — no two divorces are alike. Some are over in a matter of months. Others can take years.
The largest determining factor? Whether your divorce is contested or uncontested. An experienced divorce lawyer can help you determine what track you are on and what a realistic timeline is for your situation. If you are located in Hampton Roads, working with a knowledgeable Virginia Beach divorce lawyer can cut weeks, if not months, off your divorce.
The average divorce takes 1 year to finalize. Yours may take less or more time depending on a few factors:
- Whether both spouses agree on the terms
- How complex the assets are
- If there are children involved
- The court’s schedule in your county
- How responsive each spouse is
Knowing the timeline helps you plan emotionally, financially, and practically. Here’s the breakdown.
The 6 Key Stages of the Divorce Process
All divorces — simple or complex — progress through six fundamental phases. Some phases move quickly. Others … drag on.
Stage 1: Filing The Petition
The process of getting a divorce formally starts here. One party (known as the “petitioner”) files legal paperwork, called a petition for divorce at their local courthouse.
The petition includes details like:
- Grounds for the divorce
- Requests for property division
- Custody arrangements (if applicable)
- Spousal and child support requests
This process will normally take you about 1-2 weeks. Fees for filing your articles will range from state to state. Most states charge between $100 and $450.
Stage 2: Serving Your Spouse
After filing the petition, the other spouse (the “respondent”) must be served with the divorce paperwork.
Service can happen through:
- A sheriff or process server
- Certified mail
- Acceptance of service (when the spouse agrees to accept the papers)
Its extremely important that this step is done correctly. If not, it can hold up your entire divorce. Expect this to take 1-3 weeks depending on how difficult it is to locate your spouse.
Stage 3: The Response Period
The respondent is served and then has a certain number of days to file an Answer. Typically 20-30 days depending on your state.
There are three ways the respondent can react:
- Agree: They sign off on the terms (the fastest path forward)
- Contest: They disagree with one or more terms (longer timeline)
- Ignore: They do nothing (the petitioner can request a default judgment)
If the respondent contests, congrats — you’re now in for a longer ride.
Stage 4: Discovery & Negotiation
This is where things get real. Financial disclosures and property records/info are exchanged.
Discovery includes:
- Bank statements
- Tax returns
- Property appraisals
- Retirement account statements
- Income documentation
Why? To have as complete a picture of the marital estate as possible for it to be divided equitably. Your attorney will use this information to negotiate with the other party.
Discovery usually lasts between 2-6 months depending on financial complexity. By the way, Forbes reports that the average divorce in 2024 costs between $7k and $15k. Most of that money is spent on discovery and negotiation.
Stage 5: Settlement Or Trial
Here’s the fork in the road:
If you and your spouse agree on all issues — property, custody, support — you negotiate a settlement. An agreement is prepared, signed and filed with the court for approval. This is by far the least expensive, quickest and least stressful option.
If agreement is impossible? The divorce goes to trial.
Trial means:
- Court dates (often months out)
- Testimony from both sides
- A judge making the final decisions
- Significantly higher legal fees
The majority of divorces — even contested — end up settling before trial. Competent divorce attorneys work tirelessly to avoid bringing their clients to court.
Stage 6: The Final Decree
This is it. The finish line. After a settlement is reached (or a judge decides) the court will enter a final judgment of divorce.
The final decree:
- Officially ends the marriage
- Spells out all final terms (property, custody, support)
- Becomes legally enforceable
A few states require a waiting period between the filing date and when the divorce becomes “final.” In Virginia there is usually a 6-12 month period where the parties need to be separated before the divorce can be finalized.
How Long Does Each Stage Take?
Here’s a quick snapshot of the divorce process timeline:
- Filing the petition: 1-2 weeks
- Serving your spouse: 1-3 weeks
- Response period: 20-30 days
- Discovery & negotiation: 2-6 months
- Settlement or trial: 1-6 months
- Final decree: 1-4 weeks
Expect about 3-6 months total for an uncontested divorce. How long does a contested divorce take? About 12-24 months or longer.
Tips To Speed Up Your Divorce
Are you looking to speed up your divorce? Here are some tips to help you get divorced quicker.
Choose Uncontested If You Can
This one factor by itself dwarfs the others. Uncontested divorces average about $4,100. If you go to trial on two or more issues, expect to spend upwards of $23,000. Avoid trial at all costs.
Get Organized Early
Gather all financial paperwork before filing. This means tax returns, bank statements, mortgage documents, retirement accounts etc. Speedy discovery means speedy divorce.
Hire The Right Divorce Lawyer
A great divorce lawyer can make or break your timeline. Look for someone who:
- Has local experience in your county
- Focuses on family law (not a general practitioner)
- Communicates clearly and quickly
- Has a track record of settling cases
Stay Off Social Media
Anything you post online can (and will) be used against you during your divorce. Don’t give the other side any ammo.
Be Reasonable
The number one reason divorces take so long? Neither party wants to compromise. Choose your battles. Agree to compromise when reasonable.
Final Thoughts
You now have a clear understanding of what to expect during the divorce process, starting with the filing of the petition and concluding with the final decree.
Going through a divorce is never enjoyable. However, knowing the timeline can alleviate much of the anxiety and allow you to know what to expect.
To quickly recap:
- The divorce process has 6 main stages
- Uncontested divorces are faster, cheaper, and less stressful
- A good divorce lawyer can save you time and money
- Getting organized early speeds everything up
- Settle when possible — trial should be the last resort
Divorce is difficult enough without wondering what happens next. Just take things one stage at a time. Listen to a reputable divorce lawyer, and remember — it always comes to an end.
For more on this topic, check out the full Tough Times collection
