A common question asked by many divorcing couples in North Dakota is just how long their divorces will take. The answer, however, is somewhat complicated, as the time it takes depends on a few factors. Some divorces proceed quickly, while others take much longer.
What Affects Your Divorce Timeline in North Dakota?
If you’re contemplating a divorce in North Dakota, one of the most significant aspects that will impact the length of the process is whether your separation will be contested or uncontested.
Uncontested Divorce in North Dakota
When you and your spouse agree on everything, including who gets what property, who pays which debts, and how both of you will handle your children and child support, the divorce process is deemed “uncontested,” and it will move along much faster.
In North Dakota, uncontested divorces can finish in as little as 60 days so long as you and your partner agree to do the following:
- Sign all the relevant paperwork
- Share all money and property information honestly
- Cover any outstanding issues
Having a knowledgeable attorney guide you through even an amicable divorce can save you ample time and prevent future headaches.
Contested Divorce Timeline
When you and your spouse disagree on the more important things, your divorce will, naturally, take much longer. These kinds of separations, known as contested divorces, usually take six to 12 months in North Dakota, but particularly complicated cases can last more than a year.
Several things can extend the timeline of a contested divorce, such as:
- How busy the court is
- How complicated your property and money matters are
- Whether you need to work out child custody issues
- Difficulty gathering information from each other
- Whether mediation or settlement conferences are necessary
Every extra court date or request can add weeks or months to how long it takes to resolve your divorce as well.
Legal Requirements That Affect Your North Dakota Divorce Timeline
Aside from the factors discussed above, there are a few things divorcing couples need to consider when pursuing a divorce, contested or not:
Residency Requirement
Before you can file for divorce in North Dakota, either you or your spouse must have lived in the state for at least six months. You can file the appropriate paperwork before the six months are complete, but the court will not grant your divorce unless the residency requirement is met in full.
Important Procedural Requirements
Within 30 days of serving the papers, you and your spouse (and your attorneys, if applicable) must meet to prepare documents about your situation, property, and debts and share information about your jobs, pay, tax returns, and pensions.
Additional Requirements Involving Kids
When children are involved, North Dakota courts are extra mindful to ensure the best possible outcome for them. That often means the court may do any of the following:
- Create a plan for raising the children
- Have experts look at the family situation
- Determine adequate child support payments
- Have the divorcing couple take parenting classes
All of these extra steps and prerequisites can add several months to your divorce’s timeline.
How to Speed Up Your North Dakota Divorce Process
If you want your divorce to resolve itself sooner, consider these helpful tips:
Work Toward Agreement
The biggest thing that affects how long a divorce takes is how well you and your spouse agree on things. The fewer disputes you have, the faster your divorce will go.
Get Your Money Papers Ready
Having all your financial records ready from the start helps avoid delays. As such, you’ll want to gather things such as:
- Tax forms (usually from the last three years)
- Bank statements
- Retirement account papers
- Information about what your property is worth
- Lists of any debts you owe
When you have these papers organized ahead of time, your lawyer can perform faster work.
Try Mediation
The concept of mediation involves a third party helping you and your spouse talk through your disagreements. It’s usually a faster way of solving things like property and parenting plans than going to court.
Preparing for Your North Dakota Divorce
Divorce is nothing if not a difficult process, and while most people want it over and done in a day, that’s not usually the case. There are procedures and legalities around an official separation that mean you might be involved with your ex for a little longer than you’d wish.
However, a lawyer familiar with North Dakota divorce law can help you move through the system more efficiently. They’ll know what papers to file, how the court works, and how to spot possible issues before they slow things down. Contact Heartland Law Office today to schedule a consultation and learn more about how we can help you navigate your North Dakota divorce.