How long does it take to obtain a consensual divorce?

A consensual divorce is a legal procedure that allows spouses to dissolve their marital bond quickly and jointly, minimizing conflicts. However, it is important to understand the time required to complete this process and the stages involved. If you are considering a consensual divorce, an experienced divorce lawyer can guide you through every step of the procedure.

What is a consensual divorce?

A consensual divorce occurs when both spouses agree on all matters related to the separation, such as asset division, child custody, and support. This type of divorce is generally faster and less expensive than a judicial divorce, as it avoids lengthy court disputes.

The stages of a consensual divorce

  • Initial consultation: It is essential to consult a divorce lawyer to discuss the details of the case and ensure that both parties understand the terms of the agreement.
  • Drafting and signing the agreement: Once an agreement is reached, the divorce lawyer drafts the consensual divorce deed, which must be signed by both spouses.
  • Filing in court: The agreement is submitted to the competent court, which schedules a hearing for its approval.
  • Hearing: During the hearing, the judge verifies that the agreement is fair and in the best interest of any minor children. If everything is in order, the judge issues the decree of dissolution of marriage.

Time required for a consensual divorce

The time to obtain a consensual divorce can vary based on several factors. Generally, the procedure can be completed in a few months, but much depends on the court's workload and the complexity of the agreement between the spouses. In some jurisdictions, a consensual divorce may take three to six months. However, with the assistance of an experienced divorce lawyer, it is possible to expedite the process.

Advantages of a consensual divorce

  • Speed: Due to the non-contentious nature of the procedure, a consensual divorce is generally faster than a judicial divorce.
  • Reduced costs: By avoiding a lengthy legal battle, legal costs are usually lower.
  • Less stress: Since both parties agree, the process tends to be less emotionally stressful.

Legal and practical considerations

It is important to consider that to initiate a consensual divorce, spouses must have been legally separated for at least six months. Additionally, the agreement must be detailed and cover all matters related to the separation to avoid future disputes. A divorce lawyer can provide valuable assistance to ensure that the agreement is valid and sustainable over time.

Contact the Bianucci Law Firm

If you are considering a consensual divorce and would like personalized advice, contact the Bianucci Law Firm. Our team of experienced divorce lawyers is ready to assist you through every stage of the process, providing you with the necessary legal support to face this important step with peace of mind and confidence.

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