That waiting period differs depending on your jurisdiction, though. For instance, Rower notes that in Manhattan, where the divorce process is usually the fastest out of all five New York City boroughs, it can take two to three months. Because duh, it's divorce. You can hire a mediator. A couple will likely meet with the mediator several times. Their role is to help you communicate effectively so you two can come to an agreement on your own.
Once everything is ironed out, the mediator will draft and potentially also file the divorce papers. This person may be a former judge or a seasoned attorney, says Rower. For instance, if there are issues with the amount of child support, an arbitrator would consider both sides and decide on an amount. Likely, both spouses still have lawyers of their own, but the arbitrator can help reach a consensus on certain issues.
If your goal is a fast divorce, it is therefore in your interests to agree the divorce settlement voluntarily wherever this is possible without compromising your interests and those of your loved ones. A key thing to understand is that you will need to state your grounds for divorce in the divorce petition and that which grounds you use can have a big impact on how long it will take you to get divorced.
Adultery — This means your spouse must have slept with someone else of the opposite sex. Extramarital sex with someone of the same sex does not currently legally count as adultery, even for same sex marriages. Unreasonable behaviour — This means you feel you can no longer reasonably be expected to stay married to your spouse due to their behaviour.
This might include issues such as spending too much time at work or out with friends, as well as more serious problems, such as domestic violence. Desertion — Where your spouse leaves you without good reason or agreement to end your relationship. They will need to have been gone for more than 2 years out of the past 2. Separation for 2 years or more — If you and your spouse have not lived as a couple for at least 2 years, you can use this as grounds for divorce if they agree to the divorce.
Separation for 5 years of more — If you and your spouse have not lived as a couple for at least 5 years, you can use this as grounds for divorce whether they agree to the divorce or not. If your goal is to get divorced as quickly as possible, using the grounds of adultery if applicable or unreasonable behaviour can allow you divorce to proceed faster as there is no need to wait, unlike with the grounds of desertion or separation.
An important point to remember, however, is that if your spouse contests the divorce it will usually take longer. Therefore it is a good idea, wherever possible, to consult with them before filing the divorce petition to ensure you use grounds they will be willing to accept. For example, most people are less likely to defend a divorce on the grounds of spending excessive amounts of time at work and lack of emotional support than if you use the grounds of adultery, especially if they dispute the details of the adultery.
Your solicitor should be able to advise you on how to choose grounds that your ex-partner will be likely to agree to and that a judge will accept as sufficient to grant you a divorce, helping to minimise the chances of any potential hold ups. Your divorce will usually go much faster if you and your ex-partner can agree the details of your divorce voluntarily, rather than relying on a judge to decide for you. While any agreement reached in this way will be voluntary, you can apply for a Consent Order from a court to make the agreement legally binding.
This means you can achieve a resolution faster while still having the reassurance that your former partner cannot simply change their mind later and stop honouring the agreement.
There are two main methods used for non-confrontational divorce — mediation and collaborative law. Both are usually much faster than taking your divorce through the courts, with each having different advantages depending on your circumstances. This is generally the fastest and most cost-effective way to get divorced and it now the most popular option for separating couples in the UK.
The process involves both spouses meeting with a trained, neutral mediator who will guide you through the issues you need to resolve, such as deciding how to separate your finances and what arrangements you will need to make for your children.
Your nearest Citizens Advice can help you fill the form in correctly. You can find the divorce form on GOV. A copy will be sent to the person so they can respond. Make 5 copies of the divorce form. Send 4 and keep 1. You can find out about putting adultery as your reason for getting divorced.
Send the form to your nearest divorce centre. You can find your divorce centre on GOV. You should include your marriage certificate - this can be the original or a certified copy. The divorce centre will check your form and send a copy to your partner to give them a chance to respond. Mediation helps you reach an agreement between yourselves instead of it being court-imposed. Find out more about mediation. Make sure you get a solicitor who specialises in divorce.
How Long Does a Divorce Take? Divorce Issues Take Time to Resolve. Related Resources. Read Article. Ep Forensic Accounting with Kevin Baldwin. This field is for validation purposes and should be left unchanged. Our Monmouth County Location.
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