When people tie the knot, the last thing they’d ever have imagined was it ending in divorce. However, married life is not a smooth road, and sometimes the best option is calling it quits, especially if children are involved. If you’re looking to get a divorce, there are various options available. You must take in all the various factors, though, before serving the papers for a divorce, such as how much the divorce will cost and how long before the divorce is final. If you’ve tried everything from marriage counselling to spending time apart, only for your marriage to continue not suiting you and your partner, here’s how to get a divorce in the US.
Why Can a Divorce Take so Long?
Marriage laws and divorce laws are decided on by state governments, which is why getting a divorce can take anything from a matter of months to a couple of years. Issues such as property, debt, custody of children and spousal support can all impact the timeframe of you getting a divorce, and all the factors mentioned above will need to be decided on by the court. If you’re serious about getting a divorce, be prepared for it to take some time.
What are the Different Types of Divorce?
Divorce laws do vary, however, there are three approaches that can be made. They are as follows:
No-fault divorce – No allegations or proof of fault have to be made. Couples can file for a no-fault divorce due to incompatibility, irremediable breakdown of the marriage or irreconcilable differences.
At-fault divorce – This is when one party is taken to be at fault. Various claims can be made such as adultery, inhuman or cruel treatment. An at-fault divorce usually takes longer because the allegations must be proven at a hearing or trial.
Uncontested divorce – This type of divorce is considered the quickest, where it can take from one to a few months. However, both parties must sign the required papers, including a marital settlement agreement. Mediation will be available to help them come to an agreement, which can then be put in front of the judge. Legal advice is not necessary for this type of divorce. However, seeking the help of an Oceanside spousal support attorney will ensure your best interests are taken care of when it comes to being properly supported once the divorce is over.
The Steps Involved in an Uncontested Divorce
First, the person requesting the divorce must file a Summons with the court. The other party in the marriage is also served the Summons. If they agree to the serving of this document and sign an affidavit, the divorce papers can be filed with the court straightaway. They have 20 days in which to reply. Papers are filed with the court clerk’s office in the county where the plaintiff lives. Once this has been done, it is down to the court to finalize the divorce. The time varies but can take from several weeks to a whole year.
If you’re worried about the timescale for your divorce, the best thing will be for you and your spouse to co-operate with each other as much as possible. Being prepared to resolve legal issues together will also help with the expedient timing of the final order.