Divorce is a significant decision and one that brings a range of legal, financial, and emotional considerations. For many couples, the question of how long the divorce process will take can inform their planning of their next steps.

In this guide, the family law experts at Tyler Hoffman Solicitors provide a clear breakdown of the steps involved in a typical divorce, discuss how long each stage might take, and outline what to expect along the way. By understanding the overall timeline, those considering a divorce can approach the process with better clarity, realistic expectations, and a sense of confidence in planning for the future.

What are the steps and timeline for a divorce?

Understanding each step in the divorce process and the anticipated timeframe can assist you in managing expectations during what can often become a lengthy journey through divorce proceedings.

Application filing

The first stage in the divorce process involves filing a divorce application with the court. This initial step requires the applicant – whether as a sole applicant or jointly with their spouse – to provide specific details about the marriage, such as the date and location of the ceremony. Additionally, the application should indicate whether a financial settlement is requested as part of the divorce proceedings. Applications may be submitted online or in person, and if all necessary documents are prepared, the court can process the filing without delay. For a sole applicant, the filing process offers an opportunity to take the first step independently, even if the spouse has not yet agreed to the divorce.

Acknowledgement of service

Following the application filing, the court will issue an acknowledgement of service form to the other party. This document serves as a formal notification and requires the recipient to confirm receipt of the divorce application. The respondent is given 14 days to return the completed form, indicating whether they accept or contest the divorce proceedings. If the spouse fails to respond within this timeframe, further action may be required from the court to keep the process moving forward. Delays at this stage can extend the overall timeframe for the divorce, particularly when the response is necessary to proceed to the next phase of the divorce process.

Conditional order (formerly known as decree nisi)

Once both parties are in agreement, or if no response is needed from the other party, the applicant may seek a conditional order. This order, marking the court’s provisional approval to end the marriage, signifies that the court recognises the reasons for the divorce. In cases where a sole applicant has pursued the proceedings independently, the conditional order is an important milestone, providing clarity on the marriage’s legal status. A mandatory waiting period of six weeks follows this stage, which allows both parties to finalise additional agreements, such as financial settlements, before proceeding to the final order.

Final order (decree absolute)

The final order marks the completion of the divorce proceedings, officially ending the marriage. Six weeks after the conditional order is granted, either party can apply for the final order and, once it is granted, the divorce process is complete. In cases where financial or child arrangements remain unresolved, the court may withhold the final order until such matters are settled. This final step achieves closure in the divorce process, as it formalises the separation and grants each individual legal freedom from the marital bond.

Factors that may affect divorce

duration

Several factors can influence the timeline for a divorce, ranging from straightforward applications to those that involve more complex or contested issues. The following are some common elements that may impact how long the process takes.

Disputes over assets and finances

Disagreements over financial settlements, property division, or pensions can add significant time to the process. If there is difficulty reaching an agreement on how to divide assets, couples may need to rely on mediation services to negotiate a mutually agreeable outcome. In cases where mediation is unsuccessful, the divorce settlement may ultimately require court intervention to resolve, resulting in additional hearings and extending the timeline. The complexity of asset division, particularly when dealing with property and pensions, often requires careful consideration to finalise a fair settlement.

Child custody arrangements

Parents need to agree on aspects such as custody, visitation schedules, and financial support to avoid further court involvement. If these decisions are contested or unresolved, the case may require a separate family court hearing, which can prolong the process. For those seeking to file as a sole applicant, any contested custody arrangements may delay the final divorce settlement, as court hearings will then be scheduled. This process allows the court to address the best interests of the child.

Delays in responding

Timely responses from both parties are necessary to maintain momentum in the divorce proceedings. If one spouse is unresponsive to court notices or fails to respond to requests for documentation or other legal steps, this can cause delays. Such situations may require the court to intervene to obtain compliance, further extending the overall timeline. For a sole applicant, delays in responses from the other party can be particularly frustrating, as they rely on their spouse’s participation for the case to progress without further court intervention.

Court backlogs

Family court backlogs vary depending on the location and workload of the court, affecting the timeline for a divorce case. A high caseload can result in longer waiting periods for hearings and order processing, particularly when issues such as financial settlements, custody arrangements, or disputed assets require a judicial decision. Court delays may impact both straightforward and contested divorces, as availability for court dates becomes limited. This backlog can be particularly relevant for applicants seeking a swift resolution, as they may face longer waits to finalise their divorce settlement.

What is the difference between simplified and contested divorces?

Whether the divorce is agreed upon or contested significantly influences the overall timeframe, as each scenario involves distinct steps and requirements within the divorce process. With the introduction of the Divorce, Dissolution and Separation Act 2020, which took effect in 2022, couples in England and Wales can now apply for divorce without placing blame on either party. The introduction of no-fault divorce has reduced the adversarial nature of the process, allowing couples to separate without assigning fault. However, the impact on the timeframe still varies depending on whether the divorce is simplified or contested.

Simplified divorce

A simplified divorce occurs when both parties agree on all aspects of the separation, such as financial settlements, division of assets, and any child custody arrangements. Thanks to the no-fault divorce law, this process can proceed without assigning blame, allowing the focus to remain on reaching a mutual resolution. When couples agree on the terms, a simplified divorce can often be completed in as little as six to seven months from the initial filing to the final order, provided that all paperwork is in order and both parties respond promptly at each stage. The straightforward nature of a simplified divorce benefits both parties by reducing the time, costs, and emotional strain commonly associated with contested divorces, making it a practical choice for those aiming to avoid lengthy court proceedings.

Contested divorce

In cases where one or both parties dispute certain terms, such as asset division, child custody, or other aspects of the separation, the divorce becomes contested, which lengthens the process. Even with the no-fault divorce law in place, contested divorces require additional court involvement to help resolve these disagreements, particularly when financial matters or parenting arrangements are involved. This type of divorce usually entails multiple steps, including hearings where each party presents evidence to support their position, and, in some cases, may even require a trial to settle unresolved issues. Consequently, the timeframe can extend well beyond a year, especially if several hearings are required to address the complexity of the case.

Court availability and family court caseloads further influence the timeline for contested divorces, as cases often demand more resources and time than simplified divorces. Although the no-fault divorce law reduces some of the conflict typically seen in contested cases, the need for judicial intervention on unresolved matters can still cause delays. In some instances, couples may opt for mediation or alternative dispute resolution methods to settle disputes outside the court, which can potentially shorten the timeline. However, if mediation does not lead to a resolution, the court will ultimately make decisions on contested matters, adding time to the overall process.

How to shorten the divorce process

If both parties are open to compromise, certain steps can help speed up the process.

• Communication and cooperation: Agreeing on financial, property, and custody arrangements outside of court can reduce delays. For couples who can reach amicable terms, the process is generally faster and less stressful.
• Mediation and alternative dispute resolution: In cases where communication is difficult, mediation can help resolve issues without a court battle. Mediation provides a neutral environment for discussion and often results in quicker resolutions than contested court cases.
• Hiring an experienced family solicitor: Having a solicitor to handle legal paperwork, manage communications, and navigate the court process can prevent errors and missed deadlines that may otherwise slow down the divorce.

Commonly asked questions

Many people considering divorce have additional questions about how long the process may take. Here are a few of the most common:

What is the minimum time for a divorce in the UK?

In the simplest cases, a divorce can take as little as six to seven months from application to final order. However, this is contingent on both parties agreeing to all terms without delays.

Can I start dating again before my divorce is finalised?

While there is no legal restriction on dating, it may be worth considering the potential emotional or legal impact. Some financial or custody considerations might be affected if one party feels that new relationships are influencing decisions.

What if my spouse refuses to engage with the process?

If a spouse is unresponsive, you can still pursue the divorce through additional legal means. The court may allow the divorce to proceed, but non-participation can lengthen the process.

Seeking legal advice

When facing divorce, working with a family solicitor from Tyler Hoffman provides the support needed to avoid common pitfalls, handle paperwork accurately, and facilitate clear communication with the court. Tyler Hoffman’s experienced team guides you through financial settlements, child arrangements, and each stage of the divorce, streamlining the process and potentially reducing the timeframe. Here’s how our expertise can make a difference:

Initial consultation

The process begins with an initial consultation with one of our specialist divorce solicitors. This meeting is an opportunity to discuss your circumstances in depth and raise any pressing concerns. We’ll gather essential details about your marriage, including its length, and whether you have any children or jointly held assets to ensure we understand every aspect of your situation. This is also a time to ask any questions you may have about the divorce process, such as expected timelines or how financial settlements work.

Comprehensive case assessment

Following your consultation, our team will conduct a thorough assessment of your case, reviewing financial documents, existing agreements, and any disputed matters. This enables us to provide a clear outline of your legal options and explain the possible outcomes. With Tyler Hoffman, you have access to solicitors experienced in divorce cases who work to identify the most practical approach for your circumstances.

Tailored legal strategy

From the case assessment, we develop a personalised legal strategy to help you achieve the best possible outcome. Our solicitors have a wealth of experience in financial settlements, custody arrangements, and mediation. Whether your divorce is straightforward or involves complex negotiations, our solicitors will help you to understand each step by maintaining clear communication throughout.

Ongoing support and advice

Tyler Hoffman’s team remains on hand throughout your divorce journey, offering consistent legal advice as your case progresses. We keep you informed of any developments, help you prepare for court hearings (if required), and protect your rights at every stage. We can also manage negotiations on your behalf, either directly with your spouse or their legal representative, to ease the burden during what can be a demanding time.

Efficient application filing

Should you choose to proceed with the divorce, Tyler Hoffman’s solicitors will prepare and submit your application. Our attention to detail helps avoid delays by ensuring all necessary documentation is in order, allowing the divorce process to progress as smoothly as possible.