How To Get a Quick Divorce

In many ways, getting married is faster than getting divorced. In some states, you can show up to the courthouse and get married with a quick ceremony and pay the filing fees. However, a legal divorce takes longer.

If you and your spouse can agree on the terms of the divorce, you can get a simplified legal separation that takes between a few weeks and a few months. However, requirements for a divorce depend on your local court. To find out how to get a quick divorce in your state, talk to a local divorce attorney.

Basic Steps for a Fast Divorce

The legal requirements for a divorce depend on where you live. Check with your state laws or talk to a divorce lawyer to understand how to get a quick divorce in your state. Generally, the basic steps of a quick divorce include:

• File a divorce petition with the family court
• Serve the petition on your spouse
• Spouse files a response
• Both sign a settlement agreement
• Wait for the waiting period
• Get the final judgment for the dissolution of marriage

Legal Requirements for a Quick Divorce

An uncontested and amicable divorce is the quickest way to file for divorce. With an uncontested divorce, you and your spouse agree on all the major marital issues, like property division, child custody, and spousal support. For a quick and easy divorce, you and your spouse should both agree to end the marriage and can talk about how you want to divide up any marital assets.

You don’t need a specific reason to get a divorce. States allow no-fault divorce without blaming the other spouse for causing the breakup. Generally, you can claim irreconcilable differences because you no longer want to be married.

The legal divorce requirements vary by state. Generally, state law requirements for a divorce include:

• Waiting periods
• Residency requirements
• A signed settlement agreement
• Parenting plan
• Filing fees

Waiting Period to File for Divorce

Many states have a waiting period between filing for divorce and when the family law judge signs the divorce decree. This is a way for married spouses to have time to reconsider separation or reconcile their differences. For couples who want a quick divorce, this is an unnecessary delay.

The mandatory waiting period varies by state. Some states have no waiting period for a divorce. Other states require you to live apart from your spouse for six months to a year before you can get a divorce. In some states, the court can waive the waiting period, or the divorcing spouses can waive the separation requirement.

Preparing Documentation for a Fast Divorce

For a fast divorce, you and your spouse must agree on the division of property, including real estate, retirement benefits, and spousal support. You must also include any debts from the marriage, like a mortgage or car loans.

You should have a written agreement with your spouse detailing the settlement of marital property. Sometimes, you need a Qualified Domestic Relations Order (QDRO) for dividing a pension or retirement plan.

The costs for filing for divorce range from about $100 to $500, depending on the state. In some cases, low-income spouses can request a fee waiver to file for divorce.

State Residency Requirements

Most states require you to be a resident before you can file for divorce in that state. Residency requirements vary by state. State residency requires living in the state from about six weeks to one year. Generally, you can file for divorce in the state where you or your spouse reside.

Military service members have additional options for where they can file for divorce.

Summary Dissolution of Marriage

Many states have a summary dissolution process for quick and easy divorce. These are generally faster, less expensive, and have less divorce paperwork. Qualifying for summary divorce varies by state. Generally, summary dissolution requires:

• Short marriage period
• No children together
• No claim for alimony
• Limited marital property and debt
• Agreement on the division of assets

Summary divorce requires filing the divorce petition, paying the fee, and waiting for the court to issue a judgment of dissolution. Your state family law court may have self-help forms so you can file for a simplified divorce without a lawyer. However, you should consider consulting with a family law attorney to protect your property rights in a divorce.

Intentional Delays in Filing for Divorce

Some delays cannot be speeded up, like when your spouse wants to delay the divorce process. If your spouse does not want a divorce, they can make it drag on much longer than necessary.

There are many ways your spouse can delay your divorce. Your spouse can avoid service of divorce papers. There are alternatives to personal service, including substituted service and publication in a newspaper. Other intentional delays can include:

• Avoid process server
• Changing divorce lawyers
• Filing unnecessary motions
• Making false accusations
• Rescheduling hearings
• Rejecting a no-fault divorce

Your spouse may want to delay the divorce because they want to stay together. They could also cause delays in punishing you and cause as much stress as possible. Delays also come with higher attorney fees for all the unnecessary hearings and court filings. If you think your spouse is trying to delay divorce, talk to your family law attorney about speeding up the process.

Role of Mediation in Quick Divorces

If you can’t agree on all the terms of a divorce, you don’t have to go through a long and stressful court battle. Many family courts refer divorce cases to mediation. Mediation can help you resolve disputes without leaving it up to the court.

A mediator meets with you and your spouse to discuss the issues in dispute. The mediator helps you come up with a solution so you can move forward.

Mediation is also helpful for couples with children. It is less adversarial than divorce court. Couples with children need to stay on good terms in the future, and mediation and collaboration help avoid unnecessary conflict.

Child Custody and Child Support

Divorcing couples with minor children have additional divorce court requirements. Some states require a parenting class for parents who want to get a divorce.

As part of the divorce settlement, you and your co-parent must devise a parenting plan. The court can review the child custody agreement to ensure it is in the child’s best interests. In some cases, the court may want the parents to try and work out the marriage for the benefit of the children. This can cause additional divorce delays.

Legal Recourse and Remedies in a Divorce

The divorce process can take longer than you want, and any disputes will drag on even longer. Talk to a divorce attorney about how to get a quick divorce so you can move on with your life. An attorney can explain your legal options, help you negotiate a settlement agreement, and file the necessary paperwork. Contact a local divorce lawyer for help getting started on your divorce.