How long does a divorce take if we have already been separated for 8 years? 22 Answers as of February 24, 2013

My wife and I have been separated for about eight years. I have my own apartment and she has the house. Does the time count towards our waiting period, and how long should a divorce take?

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Fran Brochstein
Fran Brochstein | Fran Brochstein
In the State of Texas a divorce must be on file at the courthouse for a minimum of 60 days. However, it does not mean that the divorce will be over automatically in that time. If your name is on mortgage regarding the real estate, you definitely want to consult with an attorney regarding your legal obligations. A judge cannot remove your name from the mortgage on the real estate in a divorce.
Answer Applies to: Texas
Replied: 2/24/2013
Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
In Texas there is a 60 day wait period. That 60 days starts when the petition is filed. You do not have to be separated for any particular period of time before filing and in fact, many cases are filed before separation. Accordingly, the 8 years does not apply, but you can be divorced in as little as 60 days if you can get together to sign the papers.
Answer Applies to: Texas
Replied: 2/24/2013
Kalil & Eisenhut, LLC | Michael N. Kalil
A divorce takes as long as a divorce takes. If you folks agree on everything, them the process can move along very quickly. If you don't agree and need the courts assistance, the process will take much longer. You need to speak to local counsel as time frames vary from community to community.
Answer Applies to: New York
Replied: 2/24/2013
Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
To return to the status of single person by a divorce judgment, it takes a minimum of six months from the date the petition is served on the other party.
Answer Applies to: California
Replied: 2/24/2013
John H. Sibbison III, Professional Law Corporation | John Sibbison
The time does NOT count towards the waiting period. The 6 month waiting period begins the day on which the Respondent is served with the Petition for Dissolution. How long it will take depends upon what the issues are and whether or not you can settle any differences you might have. If you have been separated for 8 years, you should be able to e reach an agreement.
Answer Applies to: California
Replied: 2/24/2013
    Peyton and Associates | Barbara Peyton
    No divorce in California can be finalized sooner than 6 months from the date the other side is served with papers. Then, it is not automatic. There are finalizing documents that need to be filed to get a judgment. Talk to a paralegal for help with the form and service of the other side of the case.
    Answer Applies to: California
    Replied: 2/21/2013
    Law Office of Eric S. Lumberg | Eric S. Lumberg
    In Michigan, there are statutory waiting periods for a divorce with or without children. Sometimes, these periods can be waived if a settlement is reached. Talk to an attorney about this process.
    Answer Applies to: Michigan
    Replied: 2/21/2013
    Law Offices of Frances Headley | Frances Headley
    There is no waiting period prior to filing. You could have filed at any time since your separation. The six months will run only after an action has been filed and the other party served. Your years of separation will be irrelevant to the six month time table.
    Answer Applies to: California
    Replied: 2/21/2013
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    It can take between 6 months to one year.
    Answer Applies to: California
    Replied: 2/21/2013
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    This depends on the law of the State you live in.
    Answer Applies to: New Jersey
    Replied: 2/21/2013
    Henry Lebensbaum | Henry Lebensbaum
    From filing to completion - depending on the amount of time required to either reach an agreement or go to trial. 9 months to 1.5 years.
    Answer Applies to: Massachusetts
    Replied: 2/21/2013
    Carey and Leisure | John Smitten
    In Florida a divorce usually takes 6 months depending on litigation and what is at stake.
    Answer Applies to: Florida
    Replied: 2/21/2013
    Wolf & Shore, LLC | Shari-Lynn Cuomo Shore
    A divorce in Connecticut will take a minimum of four (4) months. There is a 90 day mandatory "cooling off period" that begins to run after your "return date," which the trigger date for when the defendant must be served and when the pleadings must be filed in court. There are no circumstances in Connecticut that will alter the "cooling off period" to allow you to enter into a dissolution agreement before your case management date
    Answer Applies to: Connecticut
    Replied: 2/21/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    At least 60 days from the date of filing in Michigan.
    Answer Applies to: Michigan
    Replied: 2/21/2013
    Grace Law Offices of John F Geraghty Jr.
    Grace Law Offices of John F Geraghty Jr. | John F. Geraghty, Jr.
    A Divorce can be filed in Georgia after you have been a resident for 6 months.
    Answer Applies to: Georgia
    Replied: 2/21/2013
    Gregory T. Buckley, Attorney at Law
    Gregory T. Buckley, Attorney at Law | Gregory T. Buckley
    Florida does not have a waiting period or separation requirement. If you all are able to come to an agreement on any remaining issues, then the divorce should only take a short time, perhaps as little as a month depending on the court docket where you live.
    Answer Applies to: Florida
    Replied: 2/21/2013
    Donaldson Stewart, PC
    Donaldson Stewart, PC | Monica H. Donaldson Stewart
    In Arizona, there is no waiting period to file for divorce. As long as at least one of you has resided in Arizona for at least 90 days, you can file the divorce at any time. Once filed/served, there is a "waiting period" of 60 days before the final documents can be presented to the court.
    Answer Applies to: Arizona
    Replied: 2/21/2013
    LAW OFFICE OF ANNE B. HOWARD | Anne B. Howard
    If you both reach an agreement and get all the paperwork done the quickest is six months.
    Answer Applies to: California
    Replied: 2/21/2013
    John Russo | John Russo
    Depends on what you mean by the time and waiting period. As far as all the procedural steps to obtain a divorce no not that I am aware of, but for the waiting period to enter the final judgement the answer could be yes, you will need to check the rules of procedure for your jurisdiction on this issue, but here in mine RI as well as a few others that I am aware of the waiting period for the entry of the F/J is shortened, the normal waiting period here is 90 days from the date of the hearing on the merits, i.e. the date the divorce is granted, now if your reason for filing your petition in the divorce action was that you have been continuously living separate and apart for a period of 3 years or more then the waiting period to enter the final is 30 days instead of 90. But you need to be living in a no fault jurisdiction which the majority are now in order to use this reasoning, and you must use it as the your reason when filing.
    Answer Applies to: Rhode Island
    Replied: 2/21/2013
    David A. Browde, P.C.
    David A. Browde, P.C. | David Browde
    There is no waiting period in New York. You file your case - and how long it takes depends upon whether it is contested or not and whether the judge assigned has a backlog of cases when you file.
    Answer Applies to: New York
    Replied: 2/21/2013
    Stittleburg Law Office
    Stittleburg Law Office | Bernd Stittleburg
    Waiting periods begin at the time the divorce case is filed with the court.
    Answer Applies to: Georgia
    Replied: 2/21/2013
    DO IT YOURSELF DIVORCE, pllc | Robert L. Willis, Jr
    The statutory period begins from the date a Complaint for Divorce is filed. State law requires a 60-day period for divorces filed without children and a 180-day period for divorces filed with children.
    Answer Applies to: Michigan
    Replied: 2/21/2013
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