Most uncontested divorces in the United States are finalized in 2 to 6 months, while contested divorces typically take 12 to 18 months and some can stretch beyond 2 years. The single biggest factor is whether your state has a mandatory waiting period. California requires 6 months minimum; Nevada can finalize in as little as 6 weeks. Beyond the waiting period, the complexity of your assets, custody disputes, and the court’s backlog drive the rest of the timeline.
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Average Divorce Length in the United States (2026 Numbers)
According to recent data from family court studies and state judiciary reports, the average length of a divorce in the United States in 2026 breaks down like this:
Divorce Type Average Length Common Range Uncontested divorce 4 months 2 – 6 months Simple contested divorce 10 months 6 – 14 months Complex contested divorce 16 months 12 – 24 months High-asset or high-conflict divorce 22 months 18 months – 3+ years A simple contested divorce is one where the spouses disagree on a few issues usually custody or support — but most matters are resolved without trial. A complex contested divorce involves multiple disputed issues such as business valuation, hidden assets, high-conflict custody, or international elements.
These averages mask significant state-by-state variation. A divorce that takes 4 months in Nevada might take 9 months in California for the exact same set of facts, simply because of mandatory waiting periods.
Why Divorces Take Different Amounts of Time
Seven factors drive how long a divorce takes:
- State waiting period. Many states require a minimum number of days between filing and finalization. This sets the absolute floor.
- Contested vs. uncontested. If both spouses agree on everything (property, custody, support), the divorce can be finalized quickly. Any dispute adds months.
- Number of unresolved issues. A divorce with disputed custody, contested property, AND contested support takes far longer than one with only one disputed area.
- Asset complexity. Businesses, real estate, retirement accounts, stock options, and offshore assets all require valuation — sometimes by forensic experts.
- Court backlog. Some county family courts are scheduling hearings 6 to 9 months out. Court availability is often the longest single delay.
- Cooperation between spouses. A spouse who delays discovery, misses court dates, or refuses to settle adds time.
- Quality of legal representation. Experienced family law attorneys can move cases faster through proper preparation, settlement skill, and procedural knowledge.
The interaction of these factors creates massive variation. Two divorces filed the same day in the same court can finalize 14 months apart.
State Waiting Periods at a Glance
Most US states impose a ‘cooling off’ or waiting period between filing and finalization. Here are the most common:
State Mandatory Waiting Period Alabama 30 days Arizona 60 days Arkansas 30 days California 6 months (180 days) Colorado 91 days Connecticut 90 days Delaware None (6-month separation required) Florida 20 days Georgia 30 days Hawaii None Idaho 21 days Illinois None Indiana 60 days Iowa 90 days Kansas 60 days Kentucky 60 days Louisiana 180 days (with kids); longer in some cases Maine 60 days Maryland None (separation requirement applies) Massachusetts 120 days (post-judgment) Michigan 60 days (no children); 6 months (with children) Minnesota None Mississippi 60 days Missouri 30 days Montana 20 days Nebraska 60 days Nevada None New Hampshire None New Jersey None New Mexico None New York None North Carolina 1 year separation requirement North Dakota None Ohio None Oklahoma 90 days (with children); 10 days (no children) Oregon 90 days Pennsylvania 90 days (no fault) Rhode Island 5 months South Carolina 1 year separation requirement South Dakota 60 days Tennessee 60 days (no children); 90 days (with children) Texas 60 days Utah 30 days Vermont None Virginia 6 months (no children); 1 year (with children) Washington 90 days West Virginia None Wisconsin 120 days Wyoming 20 days The waiting period is the minimum — your actual divorce will almost always take longer.
State-by-State Divorce Timelines (Top Search Markets)
Here is what to realistically expect in each of the most-searched states for divorce timelines:
California Divorce Timeline
California has the longest waiting period in the country at 6 months (180 days) from the date the petition is served. This is set by California Family Code § 2339. For details on the full process, see our complete California divorce process guide.
- Uncontested divorce in California: 6 to 8 months (the waiting period is the floor)
- Contested divorce in California: 12 to 24 months
- High-conflict / high-asset divorce in California: 2 to 4 years
- Best case in California: Approximately 6 months and 1 day from service of process
San Bernardino Superior Court, Los Angeles Superior Court, and other large urban California courts often have backlogs that push contested cases past 18 months. Smaller counties may move faster.
Texas Divorce Timeline
Texas has a 60-day waiting period from the date of filing.
- Uncontested divorce in Texas: 60 days to 3 months
- Contested divorce in Texas: 6 to 12 months
- Complex contested divorce in Texas: 12 to 24 months
Texas’s 60-day waiting period is meant to give couples time to reconcile. Courts may waive it in some domestic violence cases.
Florida Divorce Timeline
Florida has a 20-day waiting period from the date the petition is filed.
- Uncontested divorce in Florida: 4 weeks to 3 months
- Contested divorce in Florida: 6 to 12 months
- Complex contested divorce in Florida: 12 to 18 months
Florida’s ‘simplified dissolution’ option allows certain couples without children or significant assets to finalize in as little as 30 days.
New York Divorce Timeline
New York has no mandatory waiting period, but the average timeline is shaped by court scheduling.
- Uncontested divorce in New York: 3 to 6 months (mostly paperwork processing)
- Contested divorce in New York: 9 to 18 months
- Complex contested divorce in New York: 18 months to 3 years
New York City courts have historically had the longest backlogs in the country for family law matters.
Nevada Divorce Timeline (Fastest in the US)
Nevada has no waiting period and is famous for being one of the fastest states to divorce.
- Uncontested divorce in Nevada: 1 to 6 weeks
- Contested divorce in Nevada: 3 to 12 months
- Complex contested divorce in Nevada: 12 to 24 months
Nevada’s ‘summary divorce’ process for couples meeting strict criteria can finalize in 10 days.
Illinois Divorce Timeline
Illinois removed its waiting period in 2016.
- Uncontested divorce in Illinois: 2 to 4 months
- Contested divorce in Illinois: 6 to 18 months
- Complex contested divorce in Illinois: 18 to 36 months
Arizona Divorce Timeline
Arizona has a 60-day waiting period (Arizona Revised Statutes § 25-329).
- Uncontested divorce in Arizona: 2 to 4 months
- Contested divorce in Arizona: 6 to 12 months
- Complex contested divorce in Arizona: 12 to 24 months
Uncontested vs. Contested Divorce: Timeline Differences
The single biggest variable in how long a divorce takes is whether it is contested or uncontested.
Uncontested Divorce Timeline
An uncontested divorce is one where both spouses agree on every issue: property division, debt allocation, child custody, child support, and spousal support. No trial is needed. Many couples reach this through divorce mediation — a structured process that helps spouses reach agreement faster and at lower cost than litigation.
The timeline breaks down roughly as:
- Week 1: File the petition and serve the other spouse
- Weeks 2–4: Other spouse files a response (or signs an agreement)
- Months 2–3: Draft and sign the marital settlement agreement
- State waiting period applies: The court cannot finalize before this period ends
- Final: Court issues the Judgment of Dissolution
Total time: As short as the state waiting period allows. In California, that means 6 months minimum. In Nevada, just a few weeks.
Contested Divorce Timeline
A contested divorce is one where the spouses disagree on at least one significant issue. The timeline expands dramatically:
- Months 1–2: Petition filed, response filed, temporary orders requested for support and custody if needed
- Months 2–6: Discovery — exchanging financial information, depositions, subpoenas
- Months 6–9: Negotiation and mediation attempts
- Months 9–14: If unresolved, trial preparation and trial dates set
- Months 14+: Final judgment after trial
Total time: 12 to 24 months on average. High-conflict cases or those with complex assets can take much longer.
Month-by-Month: What Happens in a Typical Contested Divorce
Here is what a 14-month contested divorce typically looks like, month by month:
Month 1 — Filing
Petition filed. Spouse served. Spouse has 30 days (or as state law dictates) to file a response.
Month 2 — Response and Initial Disclosures
Response filed. Both parties exchange preliminary disclosures of assets, debts, and income.
Month 3 — Temporary Orders
If needed, the court issues temporary orders for child custody, child support, spousal support, and use of the family home while the divorce is pending.
Months 4–6 — Discovery
Both sides exchange detailed financial documents, send written questions (interrogatories), conduct depositions, and gather evidence.
Months 6–8 — Mediation and Negotiation
Many courts require parties to attempt mediation. Many cases settle here.
Months 8–12 — Settlement Conferences
The court holds mandatory settlement conferences to push parties toward resolution. If a settlement is reached, the divorce can be finalized.
Months 12–14 — Trial Preparation and Trial
If no settlement is reached, the case goes to trial. The trial itself usually takes 1 to 5 days for most family law matters.
Month 14+ — Final Judgment
The court issues the final Judgment of Dissolution.
7 Things That Speed Up Your Divorce
If you want to minimize how long your divorce takes, these factors help most:
- Agree with your spouse on as much as possible before filing. Every issue you settle privately saves months.
- File in a less-congested county if you have a choice. Smaller California counties often move faster than urban courts.
- Hire an experienced family law attorney early. Strong representation prevents avoidable delays.
- Complete discovery promptly. Delays in producing documents extend the case by months.
- Be reasonable in negotiations. Demanding the impossible drags out negotiations.
- Consider mediation or collaborative divorce. Both are typically faster than litigation.
- Show up to every court date. Missed hearings reset the clock.
10 Things That Delay Your Divorce
These factors commonly push divorces past the average:
- Hidden assets. When one spouse hides money, business interests, or property, uncovering hidden assets requires forensic investigation and expands discovery dramatically.
- Business valuation disputes. Valuing a closely-held business — a process known as business valuation in divorce — can take 4 to 8 months and often requires expert witnesses.
- High-conflict custody battles. Contested child custody cases often require custody evaluations, which alone can take 3 to 6 months.
- One spouse refuses to cooperate. Discovery resistance, missed court dates, and noncompliance with orders trigger motions to compel.
- Multiple attorney changes. Each time a spouse fires their lawyer and hires a new one, the case slows.
- Court backlog. Urban courts (Los Angeles, New York, Chicago) often have 6 to 9 month backlogs.
- Substance abuse or mental health issues. These often trigger evaluations that take months.
- Domestic violence allegations. Even valid ones require additional hearings and protective measures.
- International elements. Spouses living abroad, assets in foreign countries, or jurisdictional disputes add significant time.
- Complex retirement and equity compensation. Stock options, restricted stock units, and pension division require QDROs and other specialized orders that can take 6 months to finalize.
Frequently Asked Questions
Q: What is the fastest state to get a divorce?
A: Nevada is consistently the fastest state to get a divorce, with no waiting period and a summary process that can finalize an uncontested divorce in as little as 10 days. New Hampshire and South Dakota are also fast options without waiting periods.
Q: Can I speed up the California 6-month waiting period?
A: No. The California 6-month waiting period under California Family Code § 2339 cannot be waived or shortened — even by agreement of both spouses. However, you can use the waiting period productively to finalize all settlement terms so the divorce is ready to file the moment the period ends.
Q: How long does an uncontested divorce take with no kids?
A: An uncontested divorce with no children typically finalizes in 2 to 6 months, depending on your state’s waiting period. Without children, there is no need for parenting plans, custody evaluations, or child support calculations — which removes the most common delays.
Q: Does a divorce take longer if you have kids?
A: Yes, usually. Custody, visitation, child support, and parenting plan disputes are the most common reasons divorces extend past the average. Some states also impose longer waiting periods when children are involved — for example, Michigan requires 6 months with children versus 60 days without.
Q: Can a divorce be finalized in 30 days?
A: In most states, no. Only a few states (Nevada, Hawaii, Mississippi in some cases) have processes fast enough to finalize a divorce in 30 days, and only when the divorce is fully uncontested with no children and no significant property. Most US states have waiting periods longer than 30 days.
Q: What happens if my spouse won’t sign the divorce papers?
A: A spouse who refuses to sign cannot block a divorce. After being properly served, the spouse has a set number of days to respond. If they do not respond, you can request a default judgment from the court. If they do respond and refuse to settle, the case becomes contested and proceeds to trial.
Q: Why is my divorce taking so long?
A: The most common reasons divorces take longer than expected are: (1) court backlogs in your county, (2) discovery delays — one or both sides not producing documents promptly, (3) unresolved custody or property disputes, (4) attorney scheduling conflicts, and (5) lack of cooperation between the parties.
Q: Can a divorce be paused or stopped after it’s filed?
A: Yes. A petitioner can file a dismissal at any time before final judgment if both parties agree. Some couples file for divorce, then reconcile and dismiss the case. After final judgment, however, the divorce is permanent — only a new marriage ceremony can restore the legal marriage.
Bottom Line
How long a divorce takes depends primarily on three things: your state’s mandatory waiting period, whether your divorce is contested, and the complexity of your shared assets and custody situation. For most US couples, expect 4 to 6 months for an uncontested divorce and 12 to 18 months for a contested one. Plan financially and emotionally for the longer end of these ranges, especially if you have children, a business, or significant assets.
If you are considering divorce or have questions specific to your situation, a board-certified family law attorney in your state can review your circumstances and give you a more accurate timeline.
Related Articles
- How Much Does a Divorce Cost? 2026 National Average
- Contested vs. Uncontested Divorce: Which Is Right for You?
- California 6-Month Waiting Period: Why It Exists, What to Do
- Divorce Process Explained: 8 Steps From Filing to Final
Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Family law is governed by state-specific statutes and case law that change over time. Every family law situation is unique. For advice specific to your circumstances, consult with a licensed family law attorney in your state. Reading this article does not create an attorney-client relationship with Haslam & Thorne, LLP.
