Divorces can be long and arduous processes, presenting difficult obstacles for individuals to overcome in the process. While divorce rates have declined from 2012 to 2022, according to the United States Census Bureau, this does not mean that a relationship is immune to problems and irreconcilable differences that can lead to divorce. Those going through a divorce may struggle with intense emotions, heartache, and stress from the extensive legal issues that can arise while finalizing a divorce.
One of the more prominent stressors on the legal side of divorce can be uncertainty. Every divorce is unique, which means that every divorce may have its own timeline and complications. Not knowing when or how things will play out can worsen an already emotionally fraught situation. This often leads divorcing spouses to wonder how long a New Hampshire divorce takes, and what challenges might accompany it. Understanding the steps to finalizing a divorce, and how long they might take, may help divorcing couples have peace of mind during the process.
For more information, consider speaking with a skilled New Hampshire divorce attorney from Friedman & Bresaw, PLLC. Schedule a consultation today by calling the office at (603) 707-4800.
General Timeline for New Hampshire Divorce
Many people find themselves unprepared for the length and involvement required for finalizing a divorce and can feel overwhelmed and frustrated when things don’t resolve themselves easily. The timeline for divorce in New Hampshire often varies based on the willingness of spouses to cooperate and other complicating factors. However, the main difference that greatly affects the length of a divorce is whether the divorce is contested or uncontested. Understanding uncontested and contested divorces can give significant insight into the timeline for finalizing a divorce.
Uncontested Divorce
An uncontested divorce occurs when both parties can mutually agree on most or all of the matters of property division, child custody, parenting time, spousal support, and other issues. This generally means that spouses will need to complete a marriage settlement outside of court and agree on these issues. Sometimes, mediation is involved in uncontested divorces to help spouses settle without going to trial. In some circumstances, an uncontested divorce could even waive the final hearing if certain standards are met, according to the New Hampshire Judicial Branch. An uncontested divorce in New Hampshire can generally take between one and three months. This time is generally spent verifying and completing a divorce settlement, and allowing time for the court to process the divorce documents.
Contested Divorce
Contested divorces, however, take much longer than standard uncontested divorces. A contested divorce occurs when divorced individuals are unable to agree on how to divide parenting time, property, or other aspects of divorce and require the intervention of the courts. Sometimes mediation can help avoid contested divorces, but in some cases even that is ineffective. A contested divorce generally has a much longer timeline, which can vary widely depending on issues and conflicts during the divorce process. A contested divorce can take anywhere from several months to over a year.
For more information on types of divorce, consider speaking with a skilled New Hampshire family lawyer from Friedman & Bresaw, PLLC.
Issues That Can Impact Divorce Timelines
However, several issues could lengthen the divorce process and provide additional challenges. Every divorce process is different, and the unique circumstances provided could change the timelines for finalizing a divorce. Even an uncontested divorce could take longer under certain circumstances, which can make timelines unpredictable. However, understanding and preparing for common issues and roadblocks when finalizing a divorce can help couples speed up the process and avoid unnecessary delays. Additionally, this awareness can help reduce stress and help divorcees feel more confident and prepared for delays and setbacks.
Cooperation of Spouses
The key factor that influences divorce timelines is the willingness of the spouses to work together. While this does factor into contested and uncontested divorces, the benefit also applies to paperwork deadlines and coordination of schedules. If spouses are in conflict and unwilling to work together, the friction can cause delays and unnecessary setbacks. While this conflict may be relational in nature, it can easily spill over and cause legal complications as well. Additionally, conflict may make it more difficult to work together towards a common goal and make fair compromises to achieve a desired result. In this way, cooperation is key to reducing the time and effort spent on finalizing a divorce in New Hampshire.
Complexity of the Divorce Case
Another contributing factor to long divorce processes is the complexity of the divorce case. Large assets such as real estate, investments, collector’s items, and business assets can complicate divorce cases due to the complexity of fairly dividing them. This generally means that high-net-worth individuals have a more complex and time-consuming process for divorce, due to the nature of their assets. Additionally, complex legal factors such as marital misconduct or fault could change the nature of a divorce case, requiring more effort and time.
Court Availability
Court availability and scheduling could also impact divorce timelines in New Hampshire. A court can only hear so many cases in a day, which means that if the courts are overwhelmed it may take some time before a time is available to hear a case. This is generally not as large of an issue in uncontested divorces, as they do not require a lengthy trial process, though it can still have a small effect. However, contested divorces may be subject to court schedules when trying to establish a date to hear a divorce case. This is one of the more significant factors that causes contested divorces to take much longer than uncontested divorces. Understanding court schedules and availability may clarify a more specific timeline for finalizing a divorce.
Speak to a New Hampshire Divorce Attorney
Divorces are complex and time-consuming processes. They can often challenge people in unexpected ways, presenting new legal wrinkles and difficulties at each turn. Each new piece of information or shift in relationship dynamics could influence the unique timeframe of a divorce. This is why finalizing a divorce can lead to so much stress and uncertainty in an individual’s life, particularly given that these legal issues often come during an emotionally vulnerable time. However, with legal experience and the skill to adequately prepare for the unexpected, divorcees can conquer these challenges with confidence. A skilled New Hampshire divorce attorney from Friedman & Bresaw, PLLC may be able to help evaluate a divorce case and give an estimate on divorce timelines. Schedule a consultation today by calling the office at (603) 707-4800.
