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Married 9 years with 2 children. We have been separated 2 years but, were going to work it out then I found out my husband has had a child outside our marriage, will I still have to wait a year to file for divorce?
27 ANSWERS
Chapter 7 Bankruptcy Attorney serving Clinton, MS
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Timothy Kevin Byrne Attorney at Law
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Yes.
Answered on May 22nd, 2013 at 5:21 AM
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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Not necessary to wait.
Answered on Sep 12th, 2012 at 8:16 PM
In California there is no mandatory separation period. You can file immediately after separation if you choose to. You can proceed to file for dissolution now.
Answered on Sep 07th, 2012 at 12:43 PM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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Not if you are a resident of the State of Florida.
Answered on Sep 07th, 2012 at 12:42 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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California has a waiting period of 6 months from the date the spouse is served, it has nothing to do with when you can file.
Answered on Sep 07th, 2012 at 12:42 PM
Family Law Attorney serving Petaluma, CA
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Law Office of Erin Farley
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You do not have to wait to file, you can file immediately.
Answered on Sep 07th, 2012 at 12:41 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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In Colorado there is no requirement for any physical separation. If you don't live in Colorado you need to consult a lawyer where you live for the answer.
Answered on Sep 07th, 2012 at 12:41 PM
Family Law Attorney serving Calabasas, CA
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Shulman Family Law Group
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You can file at any time. As long as you have been in CA for six months and three months in the county you file in, go for it.
Answered on Sep 07th, 2012 at 12:41 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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There is no one year separation requirement in Florida.
Answered on Sep 07th, 2012 at 12:40 PM
Mediation Attorney serving Bloomfield, NJ
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Cassandra T. Savoy, PC
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There are many causes of action for divorce in NJ including irreconcilable differences which only require that you have not been getting along for six months separated or not.
Answered on Sep 07th, 2012 at 12:40 PM
No. You can file without a separation period. The divorce can become final six months from the date your husband is served with the papers. You don't have to wait at all. Good luck
Answered on Sep 07th, 2012 at 12:39 PM
2 Awards
A separation period of one year is required for divorce in North Carolina. Separation simply means that you and your spouse have lived apart for one year and that at least one of you intended the separation to be permanent.
Answered on Sep 07th, 2012 at 12:39 PM
Alternative Dispute Resolution Attorney serving Coral Gables, FL
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Robert J. Merlin, P.A.
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No. You can file today if you want to.
Answered on Sep 07th, 2012 at 12:39 PM
Generally speaking, there is no requirement in Arizona for any period of physical separation prior to filing for divorce. I recommend you speak with an attorney to discuss this situation in greater detail and to determine your best course of action.
Answered on Sep 07th, 2012 at 12:38 PM
Cohabitation Agreements Attorney serving Cincinnati, OH
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Cathy R. Cook, Attorney at Law
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You can file for divorce even if you live together. There is no one year separation requirement in Ohio. One year separation is only one of the many grounds for divorce.
Answered on Sep 07th, 2012 at 12:38 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Not in Michigan, you simply need to be a resident for 180 prior to filing.
Answered on Sep 07th, 2012 at 12:38 PM
Dave Hawkins
IN Wa. state, you only have to wait 91 days to finalize a divorce.
Answered on Sep 07th, 2012 at 12:38 PM
Family Law Attorney serving Temecula, CA
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Landon Rainwater Robinson LLP
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To file for divorce you must live in California for 6 months and the county you intend to file in for 3 months. Other than that you do not have any waiting period.
Answered on Sep 07th, 2012 at 12:38 PM
You can file for divorce immediately at any time without even being separated such as you and your spouse. However, there is a mandatory 6 month wait period in California before a divorce can be finalized and the spouses returned to the status of single. Considering the length of your marriage, that fact that you have children, etc. I recommend you consult with an attorney regarding your divorce.
Answered on Sep 07th, 2012 at 12:38 PM
You don't have to wait to file for a divorce so long as you have lived in the county for 10 days and 180 days in the State of Michigan prior to filing the complaint for divorce. You might be confusing the filing for divorce with the filing of the judgment. In Michigan, if there are children involved, there is a 6 month waiting period between the filing of the complaint and the filing of the judgment which officially divorces a couple.
Answered on Sep 07th, 2012 at 12:37 PM
Bankruptcy Attorney serving North Olmsted, OH
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James F. Lentz Attorney & Counselor at Law
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In Ohio, there are several actions the court will accewpt as grounds for divorce. Please contact a family law attorney to discuss what options may be available to you.
Answered on Sep 07th, 2012 at 12:37 PM
If you've lived in California for six months and in the county where you file for three months you can file for divorce anytime. The minimum amount of time it takes to obtain a divorce is six months from the date the person is served with the Petition and Summons.
Answered on Sep 07th, 2012 at 12:37 PM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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There is no requirement in California that you have to be separated for one year before filing for divorce.
Answered on Sep 07th, 2012 at 12:35 PM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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No you don't need separation in WI as long as you can say the marriage is irretrievably broken
Answered on Sep 07th, 2012 at 12:35 PM
Agriculture Attorney serving Fresno, CA
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The Law Offices of Tres A. Porter
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you dont have to wait at all
Answered on Sep 07th, 2012 at 12:35 PM
Juvenile Criminal Law Attorney serving Towson, MD
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Law Office of Michael G. DeHaven, P.A.
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You may file now based upon Adultery. Given your facts, it's unclear whether you are presently separated, but in any event you can "force" a separation by obtaining use & possession of the family home. You should consult with a family law attorney who can explain in more detail.
Answered on Sep 07th, 2012 at 12:32 PM
Business/ Commercial Attorney serving Seattle, WA
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Wolfstone, Panchot & Bloch, P.S., Inc.
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In Washington state, you can file for divorce immediately if you re a resident of the state. There is a mandatory 90 day waiting period AFTER filing before the divorce and be finalized - even if the parties have agreed in writing on all financial, property and parenting issues.
Answered on Sep 07th, 2012 at 12:32 PM