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Serafini, Michalowski, Derkacz & Associates, P.C.
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How long do you have to wait for a divorce?

One of the most common questions we receive is "how long do I have to wait until my divorce is final?" The statutory minimum for a divorce without minor children is sixty (60) days. The statutory minimum for a divorce with minor children is six (6) months.

That being said, the actual time that your particular case will conclude is dependent on numerous factors. One of the main factors is how disputed your case is. If you and your spouse do not agree on anything, then your case could continue on for at least a year. Another factor is the court's schedule. Even if you have an agreement on all of the terms of your divorce, the judge may not have a hearing date available for several months.

Although the court cannot waive the sixty (60) day waiting period, the judge can waive the six (6) month waiting period, for good cause. Thus, if you have minor children, but you have an agreement on all of the issues, and it is in the best interest of the minor children, the judge can grant a divorce after sixty (60) days.

For more information on the statutory waiting periods, contact our office at (586) 264-3756.

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