Q: I’m thinking about filing for divorce but I want to know how long it takes. Can you tell me?
A.: Filing for divorce is never an easy decision, and it’s typically one that has taken months, if not years, to come to fruition. I always tell my clients that typically, there are hundreds of cracks in a relationship that lead to distance, and a desire to separate over time – it’s typically never just a single event. Unwinding a marriage – long-term or short-term is equally complicated and equally fraught with cracks.
On the plus side, many couples can come to the table to negotiate a settlement that serves them, and their children (if applicable), in the best manner possible. However, I tell my clients two things:
- At best, you can only control half of the situation. The other person in the marriage is responsible for the remaining 50%. So if you want a quick settlement and they want to scorch the earth, your divorce will inevitably take more time; and
- There is no substitution for being informed. If you have not been in control of the household finances for years, if you don’t understand your spouse’s stock options, deferred compensation, or bonus structure, or if you have been either a stay-at-home parent or the sole working parent, rushing into a settlement without taking time to understand finances can be a critical error. Property settlements are non-modifiable in New Hampshire absent fraud, so this is your one opportunity to have a full understanding of your financial picture.
Courts in this state are woefully understaffed – from Judges to Clerks whose job it is to process your paperwork and make sure that scheduling in your case flows smoothly. These individuals work tirelessly to move the docket forward, but statistically, they have more cases and case hours each year than they could address. As a result, dockets can become overwhelmed and your contested divorce may take a year or more before it is resolved.
As far as a timeline goes, one or both parties file a Petition for Divorce. If everything is agreed upon, all paperwork (Petition, Decree of Divorce which governs financials, Parenting Plan, and support orders) can be filed together, and you will never have to appear in Court. If the Petition for Divorce is not joint, the other party will need to be served and/or accept service through counsel. Once that occurs, a First Appearance and Child Impact Seminar is scheduled. These are informative sessions that stress the need to lower the flame for the benefit of yourselves and your children. Leaving your fate in the hands of someone in a black robe whom you’ve never met is inherently fraught with risk.
After these two sessions, the court will typically schedule mediation, and then a Temporary Hearing to set temporary orders if mediation fails. Should the matter still not resolve, a PreTrial Conference will be scheduled, at which point the Court will select final trial dates. None of these events can occur without the other, and delays are commonplace.
All of these are reasons why you need a skilled attorney not just at mediating and thinking outside of the box, but who can be poised to litigate unresolved issues if the case cannot be settled either in whole or in part.
Kelleigh C. Gleason, Esq.
Gleason Legal PLLC
1838 Elm St, Manchester
(603) 819-5187