In some cases, one party to the divorce may not be ready to ‘throw in the towel’. In such cases, the divorce may be contested. It is then likely to take longer for a date to be fixed for the hearing and the petitioner may have to prove all the facts set out in the petition, including the fact of separation and that there is no possibility of resuming cohabitation. These situations do not occur frequently.
Possible Delays for a Divorce
1. The registrar of the Supreme Court vets and corrects each and every petition for dissolution of marriage before it is signed and returned to the attorney for service on the respondent. This process could take as little as three weeks or as long as eight weeks.
2. If there are errors in the petition, the registrar will notify the attorney so that the errors can be corrected and the petition resubmitted for signing. The time period for the completion of this process cannot be easily determined, as the petition could then go to the back of the queue before it can get signed.
3. When the application for the first order in the divorce proceedings (decree nisi) is filed, there is no formula for determining when it will be submitted to a judge for consideration. It could take as long as three months for the documents to reach the hands of a Judge. Some attorneys have resorted to having the matters heard in open court rather than waiting for them to be considered on paper.