QUESTION
If me and my husband have nothing together but one child, and we to share visitation will it speed up the divorce process?
Asked on Jan 28th, 2013 on Divorce - California
More details to this question:
If I filed for a divorce, and me and my husband both agree, we want a divorce and we agree that we share visitation with our child, will that speed up the divorce process?
13 ANSWERS
Nothing will permit you to obtain a divorce sooner than six months from the date the other side is served with papers seeking a divorce. Remember that the final judgment of divorce is not automatic. You need to file certain papers with the court to get the final.
Answered on Jan 30th, 2013 at 4:17 PM
When both parties are truly agreeable on ending the marriage, including all issues of financial support, property division, custody, visitation and financial support of minor children, it is possible for a dissolution of marriage to be undertaken in a short period of time. It is also somewhat rare, though not impossible, for the parties to be truly agreeable on all aspects of dissolving their union in a manner that is equitable to both parties.
Answered on Jan 29th, 2013 at 4:19 PM
Alternative Dispute Resolution Attorney serving Chandler, AZ
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Cox Sandoval Law, PLLC
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Yes. You can file for divorce and include a parenting plan. Once he is served and you wait the requisite waiting period, you can then submit a signed Decree of Dissolution and Parenting Plan (signed by both you and your husband). The judge usually will sign off on it quickly.
Answered on Jan 29th, 2013 at 4:18 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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It is always quicker if the parties agree. It is the fighting that takes the time.
Answered on Jan 29th, 2013 at 4:18 PM
If you agree on all issues then you can have that agreement reduced to writing and have a Judgment entered quite quickly. However, remember that the entry of Judgment will not affect the 6 month period that you must wait until it is final. You should consult a family law attorney to assist you with the paperwork.
Answered on Jan 29th, 2013 at 4:18 PM
In California there is a six month waiting period. Period. Nothing speeds it up.
Answered on Jan 29th, 2013 at 4:17 PM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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If you are in agreement on everything, the process can be done in just a few months. First, you need the marital settlement agreement and parenting plans to be in writing, and then the rest of the documents would be drafted, signed and filed with the courts.
Answered on Jan 29th, 2013 at 4:16 PM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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Divorce is separate from custody so divorce will not be sped up just because you agree on custody.
Answered on Jan 29th, 2013 at 4:15 PM
Thank you for sharing your question. I can only comment on your case as far as the information you have provided and according to Utah law; as such, what I share here is cannot be used as legal advice for your particular situation but only legal information strictly limited to the facts you have shared. It always speeds up the divorce process when you have an agreement as to all terms of the divorce. That being said, in Utah there is a mandatory 90 day waiting period from the filing of the divorce action to the divorce decree being able to be entered (signed by the judge and complete).
Answered on Jan 29th, 2013 at 4:15 PM
John Arthur Smitten
If you both agree then an attorney can prepare the paperwork and get the case done quickly.
Answered on Jan 29th, 2013 at 4:14 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Yes, your agreement could speed the process. Generally underage in law there is a 180 day waiting period if there are minor children, however they can be waived and the divorce can be entered 60 days if the parties agree that the court finds it be in the best interests of the child to stabilize the environment.
Answered on Jan 29th, 2013 at 4:14 PM
Dennis P. Mikko
Yes and no. There is a mandatory 6 month waiting period from date of filing until you can have a final hearing. You cannot speed up this part. However, if there is an agreement, you will be able to have the final hearing at the end of the six month period so from that standpoint, it will speed it up.
Answered on Jan 29th, 2013 at 4:14 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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It will take 6 months to get a divorce no matter what you have. If you reach an agreement that's accepted by the courts it will be easier but not faster .
Answered on Jan 29th, 2013 at 4:14 PM