How long I have to be separate from my husband to get automatically the divorce? 35 Answers as of July 04, 2013

How long I have to be separate from my husband to get automatically the divorce?

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Horizons Law Group, LLC
Horizons Law Group, LLC | Michelle B. Fitzgerald
Wisconsin doesn't have a required separation and does not have automatic divorce. You need to file the paperwork, then work on the rest of the forms, during the 120 day waiting period. But this only starts AFTER you file the petition with the courts and have service.
Answer Applies to: Wisconsin
Replied: 7/14/2011
Gregory T. Buckley, Attorney at Law
Gregory T. Buckley, Attorney at Law | Gregory T. Buckley
Florida does not have a separation requirement. To get divorced, the first step is to file a Petition for Dissolution of Marriage. There is no way to get divorced automatically.
Answer Applies to: Florida
Replied: 7/12/2011
Beresford Booth PLLC
Beresford Booth PLLC | S. Scott Burkhalter
Divorces are not automatic. You need to file a petition for dissolution and other required forms to start the process.
Answer Applies to: Washington
Replied: 7/12/2011
Seattle Divorce Services
Seattle Divorce Services | Michael V. Fancher
Under Washington law there is no automatic divorce, and there is no time period you must be separated before you divorce. If you want to file a divorce action, consult with an attorney in your area.
Answer Applies to: Washington
Replied: 7/12/2011
Law Office of Patricia Van Haren
Law Office of Patricia Van Haren | Patricia Van Haren
There is no automatic divorce. You must file a petition for dissolution and have it served on your husband. After 6 months and 1 day, you may request that the court enter a Judgment for Divorce.
Answer Applies to: California
Replied: 7/12/2011
    Osterman Law LLC
    Osterman Law LLC | Mark D. Osterman
    There is no automatic. I know couples that continue to live together during the divorce. Separation is not a factor.
    Answer Applies to: Indiana
    Replied: 7/12/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    A divorce is not "automatic" under any circumstances, but there is no required period of separation in Colorado. The Court cannot enter a final decree sooner than 90 days from the time the legal petition is filed and served on your husband. Whether it actually happens that quickly depends on how easily you and your husband can reach an agreement on all the terms of the divorce. If you cannot reach an agreement the terms will have to be decided by a judge and that could take anywhere from 4 months to a year, depending on what the disputes involve.
    Answer Applies to: Colorado
    Replied: 7/12/2011
    Reeves Law Firm, P.C.
    Reeves Law Firm, P.C. | Roy L. Reeves
    There is no AUTOMATIC divorce in Texas. We do recognize irreconcilable differences as a cause of action for divorce, but there is no time limit. You can file the day you separate.
    Answer Applies to: Texas
    Replied: 7/12/2011
    Law Office of Michael W. Bugni
    Law Office of Michael W. Bugni | Jay W. Neff
    There is no particular time limit involved in the State of Washington. To get a divorce, before the final papers are signed by the court, one of you has to go into court and swear that the marriage is irritrieveably broken. The rest of the case is about how to divide debts, property, children, child support, etc.
    Answer Applies to: Washington
    Replied: 7/12/2011
    Vermeulen Law office P.A.
    Vermeulen Law office P.A. | Cynthia J.Vermeulen
    Separation is not required before you seek a divorce, under Minnesota law. Many people continue living together while their divorce case is pending, often for economic reasons. Often, couples separate before they start a legal proceeding for divorce. This period of separation can help them sort out many of the issues between them, such as dividing personal property and division of debt payment on a temporary basis. In answer to your question about "automatically" getting a divorce, the only requirement for grounds for a divorce in Minnesota is that there is an "irretrievable breakdown of the marriage relationship of the parties." Therefore, if either spouse seeks a divorce, he or she will get a divorce. All the other issues in the divorce may be disputed, but not the grounds for the divorce. It would be very helpful for you to consult with an experienced family attorney about these issues to better understand the procedures before pursuing a divorce.
    Answer Applies to: Minnesota
    Replied: 7/12/2011
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    There is no separation requirement and I do not know what you mean by an automatic divorce. No such animal exists, that I know of, in Michigan.
    Answer Applies to: Michigan
    Replied: 7/12/2011
    Pontrello Law
    Pontrello Law | William Pontrello
    No automatic divorce, no specific separation period.
    Answer Applies to: Florida
    Replied: 6/10/2013
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    If you have irreconcilable differences that last for six months (or you are apart for six months), then you can file for divorce.
    Answer Applies to: New Jersey
    Replied: 7/12/2011
    Wallin & Klarich: A Law Corporation
    Wallin & Klarich: A Law Corporation | Paul Wallin
    California is a "no fault" divorce state. This means you can file for divorce from your spouse at anytime you wish. However, there is no law that states that if you live separately for a period of time then you become divorced. You must file a petition for dissolution of marriage and serve him with the petition and then you can be divorced. You should speak to a family law law firm to help you.
    Answer Applies to: California
    Replied: 7/12/2011
    Warner Center Law Offices of Donald F. Conviser
    Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
    There is no such thing as an "automatic" divorce. There are documents that need to be exchanged, and other documents that need to be filed, and it depends upon whether your spouse files a Response, or whether you need to have his Default entered, as to the procedures needed to bring the divorce to a conclusion, whether by way of settlement, trial, or default hearing. As to when the divorce will be concluded, the earliest possible time would be six months after your spouse is served, but the actual time will be dependent upon who does what and when, as well as whether the case is settled, litigated, or resolved by the Court at a default hearing.
    Answer Applies to: California
    Replied: 7/12/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    There is no automatic divorce. You must file an action.
    Answer Applies to: Connecticut
    Replied: 7/12/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    Good news! Generally, in Georgia, there would be no such time period, or waiting or separation period, before you could seek a divorce lawyer about filing for a divorce. Seek legal help as soon as you are able and discuss all your rights and options!
    Answer Applies to: Georgia
    Replied: 7/11/2011
    Law Office of Robert L. Fiedler
    Law Office of Robert L. Fiedler | Robert L Fiedler
    There is no such time limit. You can be living together and still get a divorce.
    Answer Applies to: Connecticut
    Replied: 7/4/2013
    Apple Law Firm PLLC
    Apple Law Firm PLLC | David Goldman
    There is no automatic divorce in Florida.
    Answer Applies to: Florida
    Replied: 7/4/2013
    Law Office of James Lentz
    Law Office of James Lentz | James Lentz
    A one year separation can be a cause of divorce in Ohio but it is not an automatic divorce. You still have to go through the legal process in court.
    Answer Applies to: Ohio
    Replied: 7/4/2013
    Neville J. Bedford Attorney at Law
    Neville J. Bedford Attorney at Law | Neville J. Bedford
    rarely, if ever, is divorce automatic. The courts need notice via a petition, and your spouse also needs to be given notice. Otherwise, it's 'till death do us part" Seriously, in Rhode Island, one of the uncontested grounds for divorce is: Living separate and apart for a period of more than three years. If it hasn't been that long, uncontested divorces may also file due to: Irreconcilable differences that have led to irremediable breakdown of the marriage.
    Answer Applies to: Rhode Island
    Replied: 7/11/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    There is no such thing as an automatic divorce. No period of separation is required in Minnesota. You may file for divorce at any time during the marital relationship whether living together or separately.
    Answer Applies to: Minnesota
    Replied: 7/11/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    I'm not sure what you're asking. There is nothing "automatic" about divorce in Washington. You don't have to be "separated" physically from your husband to be divorced. You have to wait 91 days after the petition is filed to finalize your divorce. I hope that helps.
    Answer Applies to: Washington
    Replied: 7/12/2011
    The Reed Law Firm, P.L.L.C.
    The Reed Law Firm, P.L.L.C. | Vanessa Reed
    In Virginia, if you have children, you must be separated for one year prior to filing for divorce. If you have no children, and are able to negotiate a property settlement agreement, then you only need to be separated for 6 months prior to filing for divorce.
    Answer Applies to: Virginia
    Replied: 7/11/2011
    Edward Papa, Esq.
    Edward Papa, Esq. | Edward Papa
    No divorce is "automatic". If you are living apart for a year pursuant to a Separation decree or agreement then that provides grounds for divorce. You still need to sue for divorce but it is nearly automatic as long as all other issues have been addressed in the decree or agreement - though there could conceivably be disputes about those items and/or modification of prior court orders, newly discovered assets, etc. You could also have grounds if the marriage has been irretrievably broken for more than 6 months, regardless of actual separation - you could live in the same home and lead separate lives and have grounds for divorce. This is not automatic as no judgment of divorce may be granted upon a finding of irretrievable breakdown unless and until the economic issues of equitable distribution of marital property, the payment or waiver of spousal support, the payment of child support, the payment of counsel and experts' fees and expenses as well as the custody and visitation with the infant children of the marriage have been resolved by the parties, or determined by the court and incorporated into the judgment of divorce. D.R.L. 170 (7 ) as added by Laws of 2010, Ch 384.
    Answer Applies to: New York
    Replied: 7/11/2011
    Vincent J. Bernabei LLC
    Vincent J. Bernabei LLC | Vincent J. Bernabei
    There is no time limitation. You can get divorced even if you are not separated.
    Answer Applies to: Oregon
    Replied: 7/4/2013
    Joanna Mitchell & Associates, P.A.
    Joanna Mitchell & Associates, P.A. | Joanna Mitchell
    There is no legal separation in Florida, and you do not have to be separated to get a divorce, and there is no such thing as an "automatic" divorce. You will have to file for divorce, serve him and go through the process and procedures necessary to finalize the divorce. You should probably consult with an attorney to assist you in this matter.
    Answer Applies to: Florida
    Replied: 7/11/2011
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    You can file any time even if you are still residing in the same home.
    Answer Applies to: California
    Replied: 7/4/2013
    Law Offices of Lopez, Pyrchalla & Kaufman, LLC
    Law Offices of Lopez, Pyrchalla & Kaufman, LLC | Russell I. Kaufman
    In Illinois If you want to get divorced by irreconcilable differences you have to be living "separate and apart" for 2 years or more. However the parties can agree to reduce that to a period of only 6 months. If the divorce is on other grounds such as: mental cruelty, physical cruelty, adultery, etc., then there is no time period for how long you have to live "separate and apart".
    Answer Applies to: Illinois
    Replied: 7/11/2011
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