If there are minor children or party is pregnant, there is a 6-month waiting
period. There is a 60-day waiting period for cases without children. The
clock starts ticking when the Summons is issued. In cases where the
parties are unable to agree, 6-9 months is average.
The cost of a divorce depends on how complicated the issues are, whether you can agree to terms for a settlement, and how organized and helpful you are as a client. It can vary widely from case to case.
If you and the other parent can agree on where the children will spend their time, then the court will likely enter an order documenting the agreement. If you can’t agree, then you have a hearing and present testimony and evidence as to what you think should happen with the kids and why. The court considers the best interests of the kids, which includes:
A court may not consider negatively for the purposes of this factor any reasonable action taken by a parent to protect a child or that parent from sexual assault or domestic violence by the child’s other parent.
Many counties now provide a “standard parenting time schedule” that is available on their webpage. The amount and frequency of parenting time depends on the facts of the case and the county hearing the case. Many counties consider standard parenting time to be every other weekend, one weekday evening, alternating holidays, and half of all school breaks.
Property is divided equitably, which is usually equally. If the parties can’t agree, the court determines what property is marital (i.e., purchased during the marriage, commingled during the marriage, or property utilized/improved upon through efforts of both parties during the marriage, not necessarily whose name is on the property) and then determines what equity is in the property and who keeps it and, if necessary, what the other party must be paid for the equity.
Retirement benefits are divisible marital assets. They are generally divided by Domestic Relations Order, which allows the other party to receive his or her portion when you are eligible to receive your portion. The Domestic Relations Order is separate from the judgment and should be entered as soon as possible after the Judgment of Divorce is entered.
The court considers several factors when determining alimony, (now commonly referred to as Spousal Support); however, the most important seems to be the length of the marriage, and only long-term marriages generally result in awards of support. Other factors include the ability of a person to pay and the need of the other party. The age of the parties is also a significant factor. Courts consider each parties’ earning and needs and the analysis and the potential award are very case-specific.