Finalizing a Divorce
Most states have a waiting period between when a divorce is filed and when it is finalized. The length of the waiting period varies from state to state:
- New York: 30 day waiting period between the day the respondent spouse is officially served with the divorce papers and the day the divorce is officially finalized
- Texas: 60 day waiting period from the time the divorce is filed and when it is finalized
- Florida: 20 day waiting period from the time the divorce is filed and when it is finalized, unless the court finds that an injustice would occur by the waiting period
- Generally the parties must show that the spouses have lived separate and apart for a continuous period in excess of 2 years separate and apart, which does not necessarily mean separate housing
- However, in a no-fault divorce, if the spouses have lived separate and apart for a continuous period of at least 6 months, the parties can stipulate in writing to waive the 2-year living apart requirement
- California: 6 month waiting period between the day the respondent spouse is served with the divorce papers and the day the divorce is officially finalized
Do I Need a Lawyer for My Divorce?
The court process for obtaining a divorce or annulment can be very confusing, so it may be wise to consult with a family attorney to help explain your rights and to protect your interests. An experienced divorce lawyer knows how to navigate the complicated legal process and can answer questions you might have along the way.
Consult a Lawyer - Present Your Case Now!
Last Modified: 06-30-2011 02:36 PM PDT
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