The duration of a given case depends on its nature. Find out, therefore, how long standard divorce proceedings take and what specifically affects their length.
What determines the length of divorce proceedings?
The duration of divorce proceedings depends primarily on whether the spouses wish to try to prove one of them at fault, or whether they will separate without a ruling on fault. Disagreement over the awarding and amount of maintenance, as well as the exercise of parental authority, is particularly significant. In proceedings without a ruling on fault, a divorce is often granted at the first hearing, whereas cases involving a ruling on fault are considerably longer.
How long does an uncontested divorce take?
Filing a carefully considered petition that precisely sets out all the circumstances demonstrating the permanent and complete breakdown of marital life may result in a judgment being issued at the first hearing. However, it usually takes at least three months to wait for the first hearing itself.
Such situations usually occur in uncontested divorces, that is, when the spouses do not wish to seek a determination of which of them is responsible for the breakdown of the marriage. Sometimes, however, especially when the parties have minor children, even an uncontested divorce may be prolonged. This happens, for example, when the court wishes to obtain an expert opinion on which parent should be granted full parental authority over the children. Experts usually have approximately three months to issue their opinion. After that time, the court gives the parties 14 days to respond to the content of the opinion. They may file motions to summon the experts for questioning, in which case the next hearing will take place in approximately three months. If the parties agree on parental authority, an expert opinion is unnecessary.
Additional hearings are also usually scheduled when there is no agreement on the amount of maintenance for minor children. Determining the common children’s needs, as well as the defendant’s financial and earning capacity, is often not possible in a single hearing, which prolongs the court proceedings.
How long does a fault-based divorce take?
A divorce judgment can also be obtained at the first hearing when the parties do not agree. This occurs when the spouse responsible for the breakdown of the marriage, for example, having committed adultery, does not dispute their responsibility in this regard. In practice, however, this happens rarely, and the spouse responsible for the breakdown of marital life seeks to obtain a divorce without a ruling on fault.
Fault-based cases take an average of three to four hearings, meaning that proceedings usually last from one to one and a half years, although they may be considerably longer. Everything depends on the evidence submitted. For example, when a party has used a detective’s services, it is usually sufficient to present a photograph or recording showing the spouse’s infidelity. Often, however, fault for the breakdown of marital life can be proven only through witness testimony, for example from neighbors, friends or family members. The number of witnesses, as well as their attendance at hearings, determines the number of subsequent hearings and, consequently, the length of the proceedings. The determination of parental authority and maintenance for minor children also affects the duration of the divorce. As in a case involving an uncontested divorce, the court may appoint an expert, thereby extending the proceedings.
The partner of this material is Kancelaria Adwokacka Anna Szirch.