How long does the divorce take place? 23 Answers as of January 06, 2012

You need an annulment, not a divorce. You should consult with an attorney. It shouldn't take more than a few months to finalize.

This response does not create an attorney/client relationship. Under NC law, if your husband was married at the time he married you, then your marriage is void from the beginning. I would suggest contacting a family law attorney in your area to check into obtaining an annulment.

In Texas, there is a minimum of 60 days to divorce, it can and often does take longer based on the needs of the parties, property to divide etc. Cost is another area that is nearly impossible to answer. Each case is as unique as the parties involved. Of course, cost is always an important question for a client looking to get a divorce and I am asked this question nearly every day and since there is no way to give you a solid answer, I will give you some guidelines. First, the cost will depend on so many factors that are as yet unknown that any lawyer that gives you a cost is either just guessing or offering a "fixed cost" also known as a Flat Fee. The problem with Flat Fees is that the lawyer has to make a choice, set the fee high enough that he or she is covered if the case goes awry, or figure out how to make the case stay within budget. Caveat Emptor applies, because you will get what you pay for and if the Lawyer guesses too low - your case will not get the attention it deserves. What I can tell you is the basics. There is a filing fee (usually $270-300). The filing fee is paid to the court. Other cost you may expect, again this depends on the case include: Issuance of Citation and Issuance of Notice if required, the Court cost for these items is generally about $10 each; service of process varies depending on location plan $75-100 if it is required; as your case proceeds, you may find a need for a private investigator and that cost is very difficult to calculate and depends on what is needed (surveillance, skip tracing, asset searches, etc.); the Court may require social studies, DNA testing, Home studies, and in extreme cases, appointment of an attorney ad litem for the children - again these cost vary and are not in every case, but this is cost that could pop up depending on the circumstances of the parties. All of the cost quoted above are just court cost, no attorney's fees, no copy charges, no consideration for closing documents, etc. Closing documents would be things like the Austin Form, Withholding Orders, Medical Support Orders, Deeds of Trust to Secure Assumption on real property, or Special Warranty Deeds for the house, and Power of Attorney for transferring vehicles, not to mention a Qualified Domestic Relations Order (QDRO) for each 401K, SEP Plan or Defined Retirement plan (QDROs cost $400 each at my firm, we send them out to a firm in Houston with a lot of experience in preparing them - $400 each is our cost). Finally, the "cost" quoted above does not include any attorney's fees for doing the work, this is just a list of things that may have to pay to the Court or third parties. Attorney's fees will vary according to the Attorney/Firm billing rate and the amount of time required to complete you case. In a simple case with kids, plan at least 4 hours for drafting pleadings and a proposed decree. Assuming your spouse simply signs the proposed decree with no questions or concerns, there is another hour of drafting basic closing documents (this number can easily triple if there are assets to deal with) and an hour to prepare the final Orders and present the prove-up to the Judge. Minimum attorney time is 5 hours, up to 10 hours and this is for a simple case. Add in any hurt feelings, issues that you or your spouse want to fight over, another attorney, temporary orders, or custody issues and the limit is how long each of you can hold out for the fight. ALL IS NOT AS BAD AS THIS ANSWER MAY MAKE IT SEEM. Please note, I am trying to answer the question you asked. Look at the questions I have already answered regarding Contested vs. Uncontested divorce. If you have the makings for an uncontested divorce, the cost is substantially cut - it is the "simple divorce" I am talking about above and many attorneys will handle those on a fixed/flat cost. In fact, my firm even does them at a discounted rate, since the work is mostly "busy work and drafting" that can be accomplished at my leisure or when I am stuck at the courthouse "waiting" for a case to be called. It provides me something to do so my time is not altogether spent twiddling my thumbs. After you have looked at the other information, or if you want to just skip that step, call me. I will be happy to discuss your facts with you and give you a better idea what to expect if you live in Collin or Dallas County - this is where I practice and know the flow of the courts, how long Judges will allow for matters, etc.

If your husband was married at the time of your "marriage", you are not legally married. You therefore can only obtain a divorce if you and your husband have children. (Divorce requires that the parties be legally married or be co-parents.) If there are no children, your proper recourse would be to obtain an annulment. It is difficult to say how long either process (divorce or annulment) will take. The minimum time allowed between filing a complaint and obtaining a final order is 31 days. However, a case may take longer depending on the judge's calendar and the actions of the parties (the more either person fights, the longer the process takes). The cost of a divorce (or annulment) also varies. The filing fee depends on the county. The fee for service of process depends on the parties (could be nothing if service is acknowledged, $50 if service is conducted by police, or some other amount if service is conducted by process server). The attorney's fee depends on your attorney and the activities of the case. Other fees also depend on activity (such as private investigator, guardian ad-litem, mediator, etc.). I would suggest that you speak with an attorney regarding your case. It is likely that you will be able to obtain an annulment rather rapidly, but that is difficult to say with any certainty without knowing other details of your situation.

Under Maryland Law your marriage is invalid so a divorce is not necessary. Your marriage was not legal from the start.

In Washington state, the mandatory minimum waiting period for a divorce is 90 days; and the maximum time in most counties is about 1 year. The cost depends on the nature and complexity of the legal issues in your case (e.g., minor children, custody, child support, division of assets, division of liabilities, spousal maintenance, restraining orders). Consult with an experienced family law attorney in the county in which you reside.

You can file for an annulment, but there is a waiting period of two months before it can be finalized.

As you are not legally married, you don't need to file for a divorce.

If your husband was never divorced from his first wife, then you were never really married. But you might still need a court to hash out any issues of property settlement, child custody, etc. Expect it to take anywhere from 2 to 6 months, on average. The bare minimum cost would be $255, for filing and service fees, if you represent yourself.

The court can enter final documents 91 days after you serve and file the summons and petition. It costs $280 to file.