would like a divorce. We sold our house, sorted the money out, the kids are all grown up and gone so its just the legal side to do. We're not legally separated so would I still have to wait for two years or can I get a quickie divorce? I have no idea how you go about divorce that doesn't involve nastiness and I would like to do this with dignity if possible.
2006-11-19 06:20:24 · 20 answers · asked by PATRICIA L 3 in Family & Relationships ➔ Marriage & Divorce
The answer to your question TOTALLY depends on where you live. The laws from country to country (and state to state WITHIN different countries) varies greatly.
In the US, if there are no unresolved issues such as children and property, then there is no reason why you can't buy a $99 divorce package and file the paperwork yourself, as an uncontested divorce. Most states now have a "no fault" policy, meaning the spouse who files for the divorce does not have to prove any grounds for the divorce (such as adultery or even irreconcilable differences) Here in Florida, there isn't any waiting period - and even if there were (which may be the case where you live), you have likely already satisfied that waiting period by virtue of being separated for 12 months (even though the separation was not "legal") Most states have done away with "legal separation", as they have recognized that this "limbo period" is a waste of court time and legal resources. It is very simple and easy, and you don't need an attorney. The paperwork is filed with the Court, a court date is set, you and your husband go to court, the judge asks you a bunch of questions to confirm that there aren't any unresolved issues, and, assuming there aren't, proceeds to granting the divorce. You will be sent the final judgement for "Dissolution of Marriage" in the mail, and be officially divorced. It is about as "dignified" as you can get, and rather anti-climatic (which is a good thing).
IF, however, there are ANY unresolved issues - which may be things you never thought about before, like your spouse's pension, or health coverage, or other assets that are not tangible like life insurance policies - then you might be better off consulting with an attorney to make sure that your future interests are protected. This may be as simple (and relatively inexpensive) as one meeting, and might be money well spent.
Divorce proceedings, as with most legal matters, are as dignified as the participants allow them to be. Don't assume that there it's necessary for a brawl to ensue. It sounds to me like you two have worked out enough of the "messy" stuff to be able to proceed with simplicity and good will.
2006-11-19 06:51:50 · answer #1 · answered by happy heathen 4 · 0⤊ 0⤋
If you're in the UK, then the "no fault" divorce is 2 year's separation with consent, so you would have to wait.
If you both want to get divorced quicker, then you could agree between you that one of you will petition for divorce based upon the other's unreasonable behaviour. "unreasonable behaviour" can be quite mild, and you can even agree the wording between you.
The legal side of the divorce is basically a paperwork exercise and it is possible to do it yourself if you don't mind filling in some tedious forms. You can get these from your local county court.
2006-11-19 23:13:20 · answer #2 · answered by Anonymous · 0⤊ 0⤋
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2016-04-22 22:51:51 · answer #3 · answered by ? 3 · 0⤊ 0⤋
Not sure what stae you live it but you can do an uncontested divorce w/ no property. It is only like $150-250. u can download the forms from your counties clerk of court website. It shouldn't take more than 6 mos. to be granted.
2006-11-19 10:22:22 · answer #4 · answered by lovelife 2 · 0⤊ 0⤋
It depends on what state you live in.Just to be on the safe side,I would do a legal separation agreement FIRST,so as issues such as taxes,insurance....etc,can be taken care of while you are waiting for the divorce decision.
2006-11-19 06:24:06 · answer #5 · answered by Anonymous · 0⤊ 0⤋
You can go straight ahead on divorce, and it should be very fast, since after five years apart, he can't contest it.
And if you hadn't seen or heard of him in seven years, he would be presumed dead, and your marriage would be annulled.
So after twelve years, you are more or less there... just paperwork s'all.
You are legally separated, you don't need the papers to prove it.
And if in UK, you can do it all yourself and apply to your nearest county court for papers, free.
I did my own divorce.
2006-11-19 06:27:02 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Be too busy to see him. If you can, move away or gradually break any ties left there. What's he been doing for the year you were apart? If he's seeing someone else you should be able to get him to agree to a divorce without any grief.
2006-11-19 06:32:00 · answer #7 · answered by rusty b 2 · 0⤊ 0⤋
If you have everything else sorted out, a divorce should be a relatively simple thing for a lawyer to arrange. Providing your "Ex Husband agrees, it should be hassle free. Good Luck to you both.
2006-11-19 06:44:11 · answer #8 · answered by Look on the bright side. 5 · 0⤊ 0⤋
It sounds like you've got things pretty much sorted out at this point. Now you need to contact an attourney and they will clarify what will happen in the proceedings. I wish you the best of luck.
2006-11-19 06:25:53 · answer #9 · answered by Jackie 2 · 0⤊ 0⤋
Search for "Divorce" and your state..
Lots of sites offer DIY divorce kits & forms for all states....
Legal separation is probably not even necessary...
2006-11-19 06:29:53 · answer #10 · answered by Anonymous · 0⤊ 0⤋