By Jack Hauser
One of the first questions I am asked by clients is, "How long will my divorce take?" My response is always, "It depends on many factors."

Sometimes a client will tell me in the initial consultation that they have been thinking about divorcing their spouse for many years and that they are finally ready to proceed. In other cases, a client is caught off guard by their spouse's infidelity or their spouse telling them that they want a divorce. Each consultation is unique; however, in almost every initial consult the question regarding the length of time for a divorce comes up.

Supreme Court Operating Rule 17.23 establishes the time standards for Domestic Relations cases. The time standards are as follows:

 

Local Goal at least 50% Disposed

 Standard 90% Disposed in Standard 95% Disposed in
Domestic Relations 4 Months 10 Months 14 Months

Each county, and each judge, varies in how swiftly they move divorce cases; however, they are all obligated to comply with Missouri Supreme Court Operating Rule 17.23.

The factors which can impact the length of a divorce are both statutory and scope related. In the State of Missouri, Sec. 452.305.1 requires that thirty (30) days pass from the date of filing. Therefore, if a client came to me and told me that they have an agreement with their spouse, I would tell them that in a perfect world that we would file the Petition for Dissolution of Marriage with the court and then arrange for the other party to be served and then thirty-one (31) days from the date of filing we would submit the settlement paperwork to the court. Many clients who believe that they have worked out a settlement themselves find through the settlement process that they may not have addressed a critical issue with their spouse and so sometimes it takes additional negotiation and time to resolve the matter.

The length of a divorce depends on the scope of the issues. The typical issues in a divorce case are as follows: (a) divorce; (b) child custody/visitation; (c) child support; (d) property/debt division; (e) maintenance; and (f) attorney's fees.

If no children are involved or the parties are able to quickly resolve the issue of custody, then only issues of property division, debt division, maintenance, child support, and attorney's fees are left to resolve. If custody is an issue, the divorce process can take additional time because if there are allegations of abuse or neglect or disputes regarding how much the minor children should spend with either parent, this can necessitate the appointment of a Guardian Ad Litem or a custody/psychological exam. A custody examination of the parties conducted by a psychologist can take several months.

The issue of child support does not typically add additional time to a case; however, if issues of a party's income or their ability to work arise, this can add time to the divorce process. If a party is self-employed or if there are issues related to a party's ability to work, it is often necessary to retain an accountant and a vocational expert to testify about a party's income or income potential. It is important to present sufficient information regarding the income of each party in determining child support.

Maintenance can add additional time to a case because, like child support, it is critical to have information regarding the income of each party or their ability to earn income. In addition, it is important to determine the reasonable needs of the party requesting maintenance and also the ability of the person potentially responsible for paying maintenance to actually pay maintenance and still meet their reasonable needs. Again, like child support, vocational experts and accountants are often retained to assist.

If the parties are W-2 wage earners, the divorce process is typically easier. When a business or businesses are involved, issues of valuation and earnings are involved and this can add additional time to a divorce. Accountants and other experts are key resources regarding valuation and income issues.

The complexity of assets and debts can add time to a divorce. Business valuations, real estate appraisals, and tracing of assets can add time to your divorce. When dealing with complicated issues of property and debt division, a clear understanding of the property and debt needs to be ascertained so that the parties or the court can accurately assign the marital property and debts. If a party has separate property, additional time is required to trace the separate property to be able to demonstrate to the other party or the court that the property is the non-marital property of the other party.

The issue of attorney's fees can also add time to the case. In complicated cases, each side is often required to expend significant time and effort to obtaining information to be able to settle or prepare for trial. It can be difficult and time consuming to reach an agreement regarding each party's responsibility toward the legal fees and costs in the case.

The length of your case depends on many factors. In a perfect world, your attorney can have you divorced in Missouri within thirty-one days of service upon your spouse. However, a divorce is far from a perfect world. It is important to be aware that the length of your divorce is often associated with the complexity of your case. Although everyone would like to resolve their divorce swiftly, sometimes the issues do not permit a swift resolution. It is best to work with your lawyer to get an understanding of the issues involved in your case so that you can build an appreciation regarding how long each issue will likely take so that you have a realistic appreciation of how long your divorce will likely take. The key to building this understanding is communication with your attorney.