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I'm doing some research for a future story and would like a little bit of help.
How long would it take to prepare a set of papers for a divorce? If the side petitioning for the divorce knew what they wanted before contacting an attorney, how long before they could get the application for the divorce? I would like it to be pretty short.
I need this to work on the timeline for the story.
Thanks,
Samantha
Comments
Time
I did a very quick search and found that the amount of time depends upon which state and sometimes which county within the state. A few states allow uncontested paperwork to be filed online. Other states have to have the papers filed by an attorney and certain waiting periods to pass.
So many variations
As noted above, it highly depends on where it's happening. It also depends on if both sides want it, some places can be stalled for a LONG time if one side doesn't want to give in to the divorce. If you want more specifics you'd really need to pick a city/state for it to happen in then you would research that specific location. From knowing a few divorced couples it could be from 2 months to a year. (That time is from initial filing to actual divorce decree)
It depends, but it often takes a long time
One very big factor is whether your spouse agrees, not just to getting divorced, but all the terms -- mainly property settlement and (if you have minor children) custody. If there are any disagreements, it can take years. And if the court has to decide on these things, even longer.
Even if you agree on everything, you still have to come up with grounds for the divorce, and depending on the grounds, there may be a waiting period -- I think in my state, you have to be (legally) separated a year for the separation alone (i.e., no finding of fault) to be sufficient grounds.
In my case (NY State), it took a year from when the papers were served (a divorce is a kind of lawsuit, so there is a formal process of service) until we reached a formal agreement. And once the separation agreement was filed, it took another year for the divorce decree to come out.
According to lawforfamilies.com ...
"All states offer some version of no-fault divorce. California was the first to pass no-fault legislation in 1970, while New York brought up the rear by finally passing a no-fault law in 2010. As a result, no matter where you live, you can get a divorce by simply telling the court that your marriage is over. You no longer have to prove that your spouse caused the breakup. The similarity ends there, however. Individual states put their own spin on no-fault rules...
"The states that offer no-fault divorce without requiring a period of separation are: Alaska, Arizona, California, Colorado, Florida, Georgia, Indiana, Iowa, Kansas, Kentucky, Maine, Massachusetts, Michigan, Mississippi, Missouri, Montana, Nebraska, New Hampshire, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Washington, Wisconsin and Wyoming."
Not sure whether that helps you at all, but since Asche mentioned grounds for divorce and a separation period, I just wanted to point out that neither of those is universal. I don't have any personal knowledge on the subject, or on the timing quesiton.
Eric
Haiti was popular at one time
Haiti was popular at one time for divorce and it was lot simpler there, a lot of Americans went there to get a quick divorce.
Also popular to start a new life and get yourself declared dead.
https://ht.usembassy.gov/u-s-citizen-services/child-family-m...
divorce options for Americans home and overseas
https://www.bikellaw.com/blog/111/avenues-to-a-fast-divorce/
https://mewswithaview.wordpress.com/
Thanks for the comments
especially the one about no-fault divorce. I'll move the starting point for my story a hundred or so miles and put in one of the no-fault, no wait states.
Samantha
I'm Sorry I Married You
Divorce With or Without Children
In the state of Oklahoma, a divorce can be finalized within ten days of filing the divorce petition, if there are no children involved, which is the fastest you can expect to receive a final divorce order. The judge can however, waive the 90-day waiting period if: Neither party objects.
Oklahoma born and raised cowgirl
it depends
Here's in the USA, divorce proceedings vary by State. In the State of Indiana where I'm actually from, they have what's called a No-Fault Divorce. Usually takes about 90 days once it has been filed and you haven't gone past the 5-year threshold with no children involved. In this period, your spouse is not entitled to any of your assets that you had before the marriage. It's a 50/50 split after the marriage of value for assets. Let's say that before you got married, your savings/investments/retirement was valued at $100. During those 5 years, the value increased to $150. Your spouse is only entitled to half of the $50. After 5-years, your soon to be ex-spouse is entitled to half of ALL assets. If there are any children, the welfare of the child comes first, how much child support is determined where 99% of all cases, the father pays all child support even if he has sole custody of the child (s). No alimony or spousal support clauses are in Indiana provisions. Now where I currently live in which is the State of North Carolina, A State of Separation is filed which has a mandatory 1-year clause, then after that year, a divorce can be filed and then it takes up to another year to finalize. A 50/50 asset split is mandatory after the date of marriage. Spousal support can be determined for up to 10 years. Whoever gets custody of any children will be the one who receives child support payments.
Miyata312
'Do or Do Not, There is no Try' - Yoda