Also, once the papers are filed with the court, each state has its own mandatory waiting period. The shortest time frame a couple must wait for is 30 days, and some can be as long as 90 days. It’s suggested that you double check with your county clerk’s office.
With children: You must wait 60 days from the date of filing even if the separation requirement is already met. You must wait 60 days after filing for divorce before you can have your divorce hearing. The hearing date is usually mailed to you 2-4 weeks after filing for divorce.
Both parties typically file “stipulations” with the court to proceed with an uncontested divorce, usually speeding up the process. A contested divorce means one party doesn’t agree on some terms, such as child custody or property division. For a standard turnaround of about 60 days, but some states can take several months.
Receiving Your Spouse's Answer to the Divorce Complaint The served spouse has to answer within a certain time (usually about three weeks). The answer says whether or not the served spouse agrees with the petition/complaint. If he or she doesn't answer the petition/complaint, the court assumes that he or she agrees to its terms.
Yes, in most cases unless it is a divorce by publication of some sort and you are no longer a resident of the state or this country you will most likely have to go to court.
Assuming that you and your spouse have reached an agreement concerning all issues, in the normal course of time, the attorney would probably file all necessary documents within about seven days. In emergency situations, it could be completed more quickly.
How long it takes to complete the papers varies depending on the length of your marriage, the assets, the issues, children or not children etc. In California, if the other side defaults or if you have an agreement, it is possible you will never see the inside of a courtroom. It can all be done on paper.
Whether both spouses agree to the divorce or not, before any couple can begin the divorce process, one spouse must file a legal petition asking the court to terminate the marriage.
Courts understand that the waiting period for divorce may not be possible for all couples. For example, if you are a stay-at-home parent that is raising your children and dependent on your spouse for financial support, waiting for 6-months for the judge to finalize your divorce probably seems impossible.
After you file the petition for divorce and request for temporary orders, you need to provide a copy of the paperwork to your spouse and file proof of service with the court. Proof of service is a document that tells the court that you met the statutory requirements for giving a copy of the petition to your spouse.
In cases where the parties have differing opinions on important topics, like child custody, support, or property division, both spouses will need to work together to reach an agreement. Sometimes the court will schedule a settlement conference, which is where the parties and their attorneys will meet to discuss the status of the case.
Sometimes negotiations fail despite each spouse’s best efforts. If there are still issues that remain unresolved after mediation and other talks, the parties will need to ask the court for help, which means going to trial.
Whether you and your spouse negotiated throughout the divorce process, or a judge decided the significant issues for you, the final step of divorce comes when the judge signs the judgment of divorce.
Divorce grounds are the legal reasons on which you’re basing your request that the court end your marriage. Grounds fall into two categories: fault-based and no-fault. Fault-based grounds are those that require you to prove that your spouse did something wrong, which caused the divorce.