Can I file for divorce on basis of extreme cruelty in a month after marriage? 36 Answers as of October 28, 2011

I got married on August 24, 2011. I want to file for divorce on basis of extreme cruelty? Can I file right now or do I have to wait?

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Gonzalez Law Associates P.C.
Gonzalez Law Associates P.C. | Carlos Gonzalez
You should consider not only a divorce but also an annulment which makes it legally as if the marriage never happened.
Answer Applies to: New York
Replied: 10/10/2011
Beresford Booth PLLC
Beresford Booth PLLC | S. Scott Burkhalter
You can file now. All that needs to be shown is the marriage is irretrievably broken.
Answer Applies to: Washington
Replied: 10/7/2011
Horizons Law Group, LLC
Horizons Law Group, LLC | Michelle B. Fitzgerald
In Wisconsin, there is no waiting time to file. You can file now and you do not have to state any reason other than irretrievably broken marriage.
Answer Applies to: Wisconsin
Replied: 10/7/2011
Law Office of James Lentz
Law Office of James Lentz | James Lentz
You may file for divorce under extreme cruelty. Or you may be able to get an annulment or perhaps a less argumentative cause for divorce, as I assume you want out of the marriage sooner than later. Please consult with a domestic relations attorney soon.
Answer Applies to: Ohio
Replied: 10/7/2011
Law Office of James L. Miller
Law Office of James L. Miller | James Miller
You can file for divorce at anytime. With this short of a marriage (under 5 years) you may want to consider a Summary Dissolution which is discussed in Family Code 2400. Summary Dissolution is for those with limited assets and debts, no children, agree on division of property and no expectation of support. California is a no fault state so you do not need grounds for a divorce.
Answer Applies to: California
Replied: 10/7/2011
Law Office Of Jody A. Miller
Law Office Of Jody A. Miller | Jody A. Miller
You do not have to wait for a specific period of time.
Answer Applies to: Georgia
Replied: 10/28/2011
Reza Athari & Associates, PLLC | Armand Fried
"Extreme cruelty" is not a ground for divorce in Nevada. The only two grounds are separation for a period over one year (obviously not possible for a one month marriage) and incompatability, which has no minimum time limit and is fully available to you as a ground for divore after one month. Virtually all divorces in Nevada are done on grounds of incompatibilty and there is no defense; unlike other states, in Nevada, if a party wants out of the marriage, the State grants the request. So yes, you can get divorced after one month, but not on the grounds you asked about.
Answer Applies to: Nevada
Replied: 10/7/2011
Joanna Mitchell & Associates, P.A.
Joanna Mitchell & Associates, P.A. | Joanna Mitchell
You do not need specific grounds in Florida, so yes, you can file right now if you want. All you need to allege is that the marriage is irretrievably broken and that you want a divorce.
Answer Applies to: Florida
Replied: 10/7/2011
The Law Office of Kem Eyo, LLC
The Law Office of Kem Eyo, LLC | Kem Eyo
You can file for divorce at any time and base the complaint on any grounds; you do not have to wait.
Answer Applies to: Georgia
Replied: 10/28/2011
Donaldson Stewart, PC
Donaldson Stewart, PC | Monica H. Donaldson Stewart
Arizona is a no-fault state, so you do not need grounds to file (there is no such thing as "extreme cruelty" as grounds for divorce under Arizona law). You do not have to wait - you can file any time, so long as at least one of you has resided in Arizona for at least 90 days at the time you file.
Answer Applies to: Arizona
Replied: 10/7/2011
    Law Office of Michael W. Bugni
    Law Office of Michael W. Bugni | Jay W. Neff
    Yes. You can file now. Also, you do not need "grounds." In Washington the need to have "grounds" for divorce has been gone since the 1970's. As long as you are willing to swear that the marriage is irretrievably broken, then, you can get divorced.
    Answer Applies to: Washington
    Replied: 10/7/2011
    Law Office of Cassandra Savoy
    Law Office of Cassandra Savoy | Cassandra Savoy
    I don't think you meet the statutory time period for a divorce under those grounds.
    Answer Applies to: New Jersey
    Replied: 10/7/2011
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    You do not have to wait. You want to bring this mistake to a close and get out of this marriage as fast, as simply and cheaply as possible.
    Answer Applies to: New Jersey
    Replied: 10/7/2011
    Law Offices of Thomas D. Nares
    Law Offices of Thomas D. Nares | Thomas D. Nares
    You don't need a reason to get a divorce in California and you don't have to wait.
    Answer Applies to: California
    Replied: 10/7/2011
    Law Offices of Marshall R. Hoekel, LLC | Marshall Hoekel
    You can file for a divorce right now.
    Answer Applies to: Missouri
    Replied: 10/7/2011
    Michael Apicella
    Michael Apicella | Apicella Law and Mediation
    There is no waiting period after getting married to file for divorce. So, no, you don't have to wait. Also, in California, it doesn't matter the reason why someone wants a divorce. In fact, the court doesn't care. All you need to do is simply check a box on the divorce petition that states "irreconcilable differences." In other words, if you want a divorce for any or no reason, you can get one, and the other spouse can't stop it. I'd suggest you consult with a lawyer so you know your rights and can learn more about the process.
    Answer Applies to: California
    Replied: 10/7/2011
    Law Offices of Steven A. Hemmat
    Law Offices of Steven A. Hemmat | Steven A. Hemmat
    Washington is a no-fault divorce state. This means that you need not assert any reason but that you and your spouse have "irreconcilable differences." However, there is a 90 day waiting period from the date of filing or service on the other party, whichever is last.
    Answer Applies to: Washington
    Replied: 10/7/2011
    Lana Panagoulia Law, PLLC
    Lana Panagoulia Law, PLLC | Lana Panagoulia
    Michigan is a no fault state which basically means that you do not have to prove cruelty or fault to get a divorce. You must only plead and prove by testimony under oath that there has been a break down in the marital relationship to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved. Fault may be relevant for support or property division purposes. Getting a divorce in Michigan requires you to wait 60 days after filing the complaint for divorce before you can enter the judgment of divorce. If you have minor children you may have to wait 6 months unless you get a motion for acceleration of judgment granted by the judge for good cause but you cannot get divorced sooner than 60 days. MCL 552.9f is the relevant statute.
    Answer Applies to: Michigan
    Replied: 10/7/2011
    Gary Moore, Attorney at Law
    Gary Moore, Attorney at Law | Gary Moore
    You will have to wait three months including the month which has passed since your wedding.
    Answer Applies to: New Jersey
    Replied: 10/7/2011
    Law & Mediation Office of Jeffrey L. Pollock, Esq.
    Law & Mediation Office of Jeffrey L. Pollock, Esq. | Jeffrey Lawrence Pollock
    Even if there may not be enough of a track record, PA is a No-Fault Divorce state, so you can file based upon "irreconcilable differences" now.
    Answer Applies to: Pennsylvania
    Replied: 10/7/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    You can file now and you do not need to allege the cruelty as this is a no fault state.
    Answer Applies to: Connecticut
    Replied: 10/7/2011
    Maclean Chung Law Firm
    Maclean Chung Law Firm | G. Thomas MacLean Jr.
    In California, you don't need a reason to get a divorce, it is a no-fault state, you just declare that irreconcilable differences have arisen. You may also, instead of a divorce, want to look into whether your facts would qualify you to get an Annulment of the marriage.
    Answer Applies to: California
    Replied: 10/7/2011
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    As long as you have been a resident of the state of California for 6 months and lived in the county for 3 months where you intend to file, you can file your divorce. California law does not require fault. You will see on the petition and response a box that allows you to check irreconcilable circumstances as the basis for your divorce.
    Answer Applies to: California
    Replied: 10/7/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    In Washington you don't need a reason to get divorced. You can get divorced one second after getting married because you want to.
    Answer Applies to: Washington
    Replied: 10/7/2011
    The Law Office of Erin Farley
    The Law Office of Erin Farley | Erin Farley
    You do not need a reason to get divorced. If you are in an abusive situation, get out now.
    Answer Applies to: California
    Replied: 10/7/2011
    Raheen Law Group, P.C.
    Raheen Law Group, P.C. | Wali Raheen
    A final divorce decree could be obtained based on cruelty or reasonable apprehension of bodily harm. Acts of physical violence or conduct that endangers the life, safety or health of the innocent spouse will be considered cruelty. Other things that might be considered cruelty are abusive language, repeated neglect, and humiliating statements. While generally cruelty is proven by showing succession of acts, a single act of cruelty might suffice if it is very serious. This ground is available only after a period of one year has passed from the date of the act.
    Answer Applies to: Virginia
    Replied: 10/7/2011
    Willick Law Group
    Willick Law Group | Marshal S. Willick
    You need not wait (and could proceed by way of annulment or divorce) but "extreme cruelty" is no longer one of the statutory grounds for divorce that are ever used. Essentially all divorce filings are for "incompatibility."
    Answer Applies to: Nevada
    Replied: 10/7/2011
    Palomino Law Firm, P.C.
    Palomino Law Firm, P.C. | Debra Palomino
    You can file now and need not wait.
    Answer Applies to: Arizona
    Replied: 10/7/2011
    Vincent J. Bernabei LLC
    Vincent J. Bernabei LLC | Vincent J. Bernabei
    You can file for divorce now.
    Answer Applies to: Oregon
    Replied: 10/7/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    In California, you don't have to have a reason for getting divorce. That you don't want to be married any longer is enough.
    Answer Applies to: California
    Replied: 10/7/2011
    The English Law Firm
    The English Law Firm | Robert English
    You can file right away. In California you don't have to have specific grounds for divorce. However, you may be able to file for a nullity if you can show force, fraud or fear.
    Answer Applies to: California
    Replied: 10/7/2011
    Hugo Florido ESQ.
    Hugo Florido ESQ. | Hugo Florido
    You don't need a basis in Florida other than the marriage is irretrievably broken.
    Answer Applies to: Florida
    Replied: 10/7/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    No grounds are necessary to file for divorce in Minnesota. You simply must state that there has been an irretrievable breakdown of the marital relationship.
    Answer Applies to: Minnesota
    Replied: 10/7/2011
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