The duration of a divorce proceeding based on no-fault grounds, specifically the assertion that the marriage has irretrievably broken down, can vary significantly. It depends on factors such as the jurisdiction, court caseload, and the complexity of the marital estate. A simplified, uncontested dissolution may conclude within a matter of weeks, assuming all paperwork is properly filed and agreements are reached swiftly. Conversely, a more contentious case involving disputes over property division, child custody, or spousal support can extend the process considerably, potentially taking months or even years to resolve.
The ability to obtain a divorce based solely on the mutual assertion that the marriage is irretrievably broken offers several advantages. It eliminates the need to prove fault, such as adultery or abuse, which can be emotionally taxing and legally complex. This can reduce animosity between parties and foster a more collaborative environment, especially when children are involved. Historically, proving fault was a requirement for divorce, making the process lengthy and adversarial. The introduction of no-fault divorce laws has streamlined the process in many jurisdictions, making it more accessible and less emotionally damaging for those seeking to end their marriages.
