How long does an uncontested divorce after 5 year separation take? 11 Answers as of August 06, 2013My fiancee has been completely separated from his wife for over 5 years. They have 2 children together and he has them full time with no support from her. We would like to be married within the next year. We are wondering how long an uncontested divorce will take. They have no property or ties to each other; other than being married. They both want the divorce. And I, being from Canada, would like to start my K1 application. I've heard it can take anywhere from 3-6 months or as little as 30 days.
Joanna Mitchell & Associates, P.A. | Joanna Mitchell
If you are in Florida, what you have heard is correct. Typically, if all parties cooperate and it is truly uncontested (meaning the parties agree completely on all issues), it can be finalized in about 6 or 7 weeks (includes time for drafting and mailing or emailing documents). Florida has a mandatory 20 day waiting period from the time that the Petition for divorce is filed before the Final Judgment of divorce can be entered, so with time for drafting documents, there is no way to finalize in less than 30 days. You should consult with an attorney to assist you in order to ensure that all of the required documents are properly filed and the divorce properly finalized.
Answer Applies to: Florida
SHAPIRO LAW GROUP | ERIC L. SHAPIRO
If this is in Georgia, the minimum amount of time an uncontested divorced would take is 31 days from the date of filing. However, because kids are involved, it would be up the the Judge when he/she signed the final decree. If they are, in fact, in agreement on all terms, and assuming he wants no support and the Judge is willing sign off, it would probably take approx 5-6 weeks, at most.
Answer Applies to: Georgia
Coulter's Law | Coulter K. Richardson
Theoretically, it could be done in 30 days, IF: There are no assets to fight over (Check). They both want the divorce (Check). There are no debts to fight over (maybe). There are no children (oops) Here is the problem. Child support is a benefit that accrues to the child, not the parent. So even if your boyfriend does not need the money, the benefit belongs to the children and he cannot waive it on their behalf. Figuring out what the child support is can be a simple affair as it takes into consideration the parties' incomes, taxes, health insurance, day care, and how much time the children spend with each parent. If they both agree on what they earn and how much time the kids spend with each parent, then you are almost home free. One solution is to agree to place all child support payments into a trust for the children, but you need to create the trust. Three to six months sounds more reasonable.
Answer Applies to: New Jersey
Simpson Law Office, PLLC | Alexander J. Simpson, III
It depends on a number of factors, including the law of the state where the divorce is filed. In Mississippi, it is possible to obtain a fault based divorce in as little as 31 days from the day the other party is served, if no answer or counterclaim is filed. A no-fault divorce requires a minimum of 60 days from the date the appropriate paperwork is filed with the Court. Your fiancee should consult a local lawyer to determine the applicable time frames for your state, and discuss his options in more detail.
Answer Applies to: Mississippi
Catchick Law, PC | Matt Catchick
In Michigan, for a divorce with Minor Children, there is a minimum "waiting period" of 6 months, but many Judges will waive that 6 month period if the parties resolve all the open issues of the case before the 6 months is up. However, no matter what, you have to wait at least 60 days in all cases.
Answer Applies to: Michigan