Family Law Lawyer
Once divorce has finally begun, it is likely that each spouse cannot wait for the entire process to be over. Divorce can be heartaching, grueling and last much longer than most spouses would prefer. If many couples could have it, divorce would be a one-day process. Unfortunately, the legal system just doesn’t work that way. There may be designated waiting periods that are legal requirements before the divorce can continue on. No matter what stage of the divorce you are in, it can help to know who is a skilled divorce lawyer so you can feel more confident about the process leading up to finalization.
Here we have answered a series of questions related to all the ways that divorce may be prolonged:
Q: What if my state requires that I am separated from my spouse for a certain period of time prior to filing for divorce?
A: Every state has a set of laws regarding the divorce process. Some may have more or less requirements as to how much time must go by before the divorce can proceed. For example, some states may necessitate that the spouses are separated for around 1-2 years before filing a complaint or petition for divorce.
If one or both spouses do not want to wait that long, they may have to use fault-based grounds that are permitted in that state. But then, that spouse must try to gather proof that the other was unfaithful, abusive, or became medically insane. A spouse that wants to start the process right away, may want to consider meeting with a lawyer who is familiar with divorce legalities for advice on how to get things going faster.
Q: If I am considering moving out of state, do I have any new options?
A: Yes, if you move to a state with no waiting period, you may be able to file for divorce faster than if you remained where you are currently. However, you may need to be a resident within this new state for a designated period of time prior to filing. Before making any moves in haste, you may want to get more information on the laws for your state and the one you plan on moving to. Many states require that a person is a resident for up to 24 months before being allowed to request divorce.
Q: What other divorce requirements besides residency may I encounter?
A: In several states, the spouses must be living apart for a duration of time prior to being able to legally divorce. Additionally, other states may require that some time passes after filing for divorce before proceeding to the next step. Once a spouse files a petition or complaint for divorce, he or she may have to wait 90 days before a court hearing is scheduled or receive a final judgement. In other states, the spouses may have to attend mediation, marriage counseling, or a parent education class about how divorce can impact children. After finding out more about how both their children may be impacted, parents may consider giving the relationship one last try.
Thank you to our friends and contributors at Scroggins Law Group for their insight into family law and ways that divorce may be prolonged.