How long does it take for divorce?

[Juno Styles]

how long does it take to get a separation in a marriage? what's teh quickest you can do it?

i have a character who was physically abused and in my story i have it setup as if they get a separation by a judge (would it be a judge?) the next week. is this realistic?

[Jake Schuster]

Re: how long does it take for divorce?

You can separate anytime and still not be divorced. Typically, most couples do separate first, then go through the hoops of divorce.

[Richmond Weems]

Re: how long does it take for divorce?

What Jake said. It varies from state to state, but, for example, in my state you can just separate then file for divorce after a year living in separate residences. The only criteria for divorce is the separation OR you can prove that your spouse is incurably insane (seriously). Most people just stick with the separation for a year.

Separation can be all nice and legal, with documents, but it really depends on what assets the couple has. A judge doesn't always need to get involved, but, in your scenario, a judge probably would be involved since the other party, the abuser, wouldn't necessarily sign a legal separation agreement. That's where the courts come in.

Just Google divorce and there's plenty of sites out there that can give you the rundown on your state's laws.

[Jake Schuster]

Re: how long does it take for divorce?

Are you looking for a way to keep the couple legally apart? Then opt for a restraining order, which typically indicates the party of the first part may not come within so many yards of the party of the second part, typically a wife who has suffered spousal abuse.

The wife will often then quietly move either to a woman's shelter or a relative or friend's home, and can, if she wish, get a special cellphone from a shelter which will allow her number to remain untraced.

[asjah8]

Re: how long does it take for divorce?

the quickest way i've ever heard of was for saudi citizens. the man only needs to tell the woman three times "i divorce you" and it's official.

[Telly]

Re: how long does it take for divorce?

the quickest way i've ever heard of was for saudi citizens. the man only needs to tell the woman three times "i divorce you" and it's official.

I'm testing this out on my wife tonight

[asjah8]

Re: how long does it take for divorce?

yikes!


the punishment for stealing is removal of the right hand. i'd keep an eye on all kitchen cutlery (esp knives) if you plan to remove any personal items before you tell her! hehe...

[cerckl]

Re: How long does it take for divorce?

how long does it take to get a separation in a marriage? what's teh quickest you can do it?

i have a character who was physically abused and in my story i have it setup as if they get a separation by a judge (would it be a judge?) the next week. is this realistic?

It depends on your state. Google it and research the state that your story is in. In Oregon here, the difference between a legal seperation and a divorce is $1...usually the only reason for a seperation instead of a divorce would be for insurance purposes or something similar.

[Juno Styles]

Re: How long does it take for divorce?

thanks guys, i think in my situation the restraining order may be a better route like jake suggested, because i'm trying not to have too much time elapse in the entire story and i want them legally separated immediately somehow or for it to just be forbidden for him to see her legally.

tell me if this is a plausible scenario: my female character is hit by her husband, ends up in the hospital and the next day i'm showing the angry husband receiving a restraining order (this should avoid getting too deep into the logistics of a separation/divorce, etc)

[Jake Schuster]

Re: How long does it take for divorce?

Absolutely plausible, Juno.

[Telly]

Re: How long does it take for divorce?

tell me if this is a plausible scenario: my female character is hit by her husband, ends up in the hospital and the next day i'm showing the angry husband receiving a restraining order (this should avoid getting too deep into the logistics of a separation/divorce, etc)

Not only plausible, but it happens every day across the country. It happened to my Mother unfortunately. The judge issued the restraining order the very next day.

[JonnyAtlas]

Re: How long does it take for divorce?

Not sure if this has already been stated, but if abuse is happening, the victim can get an emergency injunction (restraining order) immediately. My wife was an injunction advocate for a while back in Orlando. The seperation may take a while, but the victim can get immediate help (including residence at a protective shelter).

[cdn]

Re: how long does it take for divorce?

I'm testing this out on my wife tonight

Best you try it out now,not after you sign the big option deal....far less pain.

[tucsonray]

Re: How long does it take for divorce?

Jake is totally right about separating. It can be done by agreement or filing for a legal separation, but the actual act of separation can take place immediately - simply by moving out (or throwing the abuser out) ... also a nice touch to get an Order of Protection - either for NO CONTACT or NO ILLEGAL CONTACT - judges go both ways on this.

As for a divorce, it depends on the state. In many it will be 60 days after the papers are signed if uncontested.

In NY you can go one of 2 ways, if uncontested.

a. Remain separated for a year and then file your papers (it will take up to 3 months for the judge to review or sign them ... thus 1 year and 3 months)... OR

b. Serve a summons and complaint on the spouse, have that spouse waive the time to answer (20 - 30 days depending on whether served in person or via mail) and then submit to the judge (the judge has up to 3 months to sign... the divorce is generally signed by the judge between 3 weeks and 2 months after being submitted).

If contested it can take at least 2 lifetimes and every penny you have made and will ever make - just in legal fees.

Hope this helps....

[tucsonray]

Re: How long does it take for divorce?

tell me if this is a plausible scenario: my female character is hit by her husband, ends up in the hospital and the next day i'm showing the angry husband receiving a restraining order (this should avoid getting too deep into the logistics of a separation/divorce, etc)

Totally.... this happens a lot (sadly)