Q&a: DIVORCE TIMELINEs

Divorce is not a quick process. There are steps that a client can take to speed up litigation. The most time efficient way to attain a divorce in Mississippi is with an uncontested irreconcilable differences divorce. However, in Mississippi there is a sixty (60) day waiting period after the divorce is filed before a judge can approve the divorce. This means that even if the divorcing couple is in full agreement the divorce will look at a timeline of at least sixty-one days until the divorce can be finalized. If the divorce is contested the timeline will be significantly longer, particularly if the matter cannot be settled through settlement negotiations and the case must move forward to trial. 

Though the timeline of your divorce will not be completely within your control, you can assist in the timeliness of the case. There are a number of ways that a client can ensure that their case moves as quickly as possible.  The following are all things that a client can do to help their case move forward as quickly as possible:  

 Hire the right lawyer. A good lawyer will often determine the length and success of the divorce process. A good attorney will be able to work with you to resolve your divorce as timely as possible.  

  Do not automatically say no. Collaborate with your spouse. There is often a correlation between the hostility in the divorcing couple’s relationship and the time that it takes to conclude the divorce. Attempt to work together to amicably resolve the issues related to the dissolution of the marriage.   

 Be respectful and courteous to your spouse. A tone of collaboration verses combativeness will assist in the resolution of issues related to the dissolution of the marriage. If you argue with your spouse throughout the proceedings it is less likely that a settlement may be reached.  

 Provide documents and information to your attorney in a timely manner. It is imperative that you timely complete the required forms and offer the necessary information for your case. Given that it is your case your attorney will be relying on you to provide what is needed to move forward. 

 Make timely payments of attorney’s fees and court related costs.  Just like you made a financial obligation to your attorney, your attorney has made financial commitments for the operation of the law firm, e.g. costs for staff, utilities, business services, etc.  Neither the legal profession nor the courts expect for lawyers to work without compensation.  

  Be honest with yourself and your attorney. Be honest with the details of your marriage and the issues related to the dissolution of the marriage. Your attorney needs to know the facts in order to best represent you. 

Clearly communicate your goals with your attorney. Your attorney cannot assist you if you are not able to communicate what you want out of the case. The attorney’s representation will be tailored in an effort to meet your goals.  Be reasonable about your goals and expectations.