The 4 Quickest Way to Finalize a Divorce
As anyone who’s been there knows, divorce can be one of the trickiest and most prolonged legal issues we face. For married couples who’ve lost the will to stay together and are seeking a quicker resolution to their nuptial, there are several options available for a quicker divorce. Keep in mind that times and regulations can vary by state, and you should always consult a divorce attorney with legal questions.
In this Low Cost Legal article, we’re going to cover the 4 easiest and quickest ways to get a divorce in the USA. Of course, your mileage may vary depending on your own situation. This article should not be used as a substitute for free legal advice from a professional.
1 – Agreement
The greatest hold up to divorce proceedings are disagreements between the two parties on such issues as property ownership, child custody and asset separation. One of the best ways to get a divorce finalized quickly is to avoid having these issues brought to court.
It is possible to settle a divorce out of court by filing a legal agreement and then having this approved. An attorney can assist with this process and be sure that everything is in order to be filed. In this case, both parties will meet with their attorneys present, and possibly a mediator, to discuss how the divorce assets will be handled. If both parties can fully agree and sign off, then the divorce can proceed without a lengthy legal case attached.
2 – Judgment
It is possible to petition the court for a divorce judgment. A judgment is a decision rendered solely by a judge. There is no trial and there is no jury involved. Depending on the complexity of the situation, a judge may request an investigation, and he may wish to interview both parties. All judgment proceedings and decisions are a product of judicial discretion. The judge may deny the motion for any reason, although he will usually state the reason logically. By the same token, the judge may grant the motion for any reason.
Having a legal professional plan and write the motion for judgment is extremely important because the odds always favor the judge dismissing a motion improperly prepared. Remember that a judgment is essentially requesting that a judge sidesteps the usual legal proceedings, trial and jury, that traditionally determine court cases. The motion will need to be clear, professionally written and done in such a way as to sway the judge in favor of the motion.
If a motion is agreed upon, then the two parties are considered legally separated. Their decisions no longer affect one another or their community property.
3 – Out-of-State Divorce
Marriage laws are a product of state legislature. This means they vary depending on which state you are in. Just as it is possible to get married in a certain state, and then carry that marriage over when you move to a different state, it is possible to get divorced in a different state than you were married in and have that divorce recognized in all states. For the most part, a divorce filed in any state is accepted nationally, but always be sure to check if you choose to divorce out-of-state.
Certain states have far fewer requirements for divorce then others. Nevada is largely regarded as the best choice, because there is only a six-week residency requirement, and divorces can be finalized within one week.
4 – Overseas Divorce
While there were once several different countries that could make divorce an easy option, currently the only logical place to get a divorced finalized overseas is Guam. This is because Guam is under U.S. jurisdiction, and legal proceedings there will be recognized is all 50 states. Both parties must sign a “consent to jurisdiction” form, stating that they agree to be divorced in Guam.
The best news is that neither party must be present for the proceedings, and the divorce can be essentially done by mail within a few days. There is a technical residency requirement of 90 days, but Guam is lax on its law enforcement, so loopholes allow this requirement to be sidestepped in many cases. An attorney can help you realize these loopholes and ensure that your divorce option becomes a reality.
The Waiting Period and Other Fees
Be aware that many states enforce a “cool down” waiting period of up to six months after the initial divorce petition is served. This means that even if the divorce is legally finalized quickly by one of the above methods, the two parties may still need to wait for the waiting period to expire before taking certain actions. This usually delays asset divisions, and the former spouses may not remarry until after the waiting period.
In addition to the waiting period, there are usually filing fees, representation fees and several other fees that should be considered. Click here to learn about fees related to divorce.