How long would it take to conclude an amicable divorce? 7 Answers as of August 16, 2013

I live in CA, however my wife lives in Chicago, IL. We decided to have an amicable divorce. We don't own real state nor had children. We always had separate credit cards. We also been separate over 2 years by now and have remain cordial to each other as distant friends. We are trying to decide to initiate the process either in San Diego (where I live) or in Chicago where she resides, so we are both considering time (How long would take to conclude the process?) and money (I already know how much the forms cost in CA) on those two cities. Thank you very much!

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Law Office of Vincent C. Machroli, P.C.
Law Office of Vincent C. Machroli, P.C. | Vincent C. Machroli
You "know how much the forms cost in CA", that's fine, but do you know how to get through the specific steps that are needed to obtain a valid divorce decree?. Do you know what to say when you're in front of the judge?, etc. I'm thinking, probably not. A divorce is not "forms". And it's really not very significant to say you both want "an amicable divorce". A divorce is a process, specific steps must be taken in line with court system rules, etc. Take the advice of an attorney who has been handling divorces for 26 years, & don't try to get divorced without an attorney. You will wind up regretting it if you do. Your wife should schedule a consultation with a skilled divorce attorney as soon as possible. Once the matter is resolved to the satisfaction of both of you, you folks will be glad you paid the money to hire an experienced attorney & protect your legal rights.
Answer Applies to: Illinois
Replied: 8/16/2013
Steven Alpers | Steven Alpers
If you can do the papers yourself, it would require at least 6 months from the day of filing. You did not say if you were married over 5 years, if under 5 years you can file a joint petition for summary dissolution in California. If over 5 years you would have to do a standard petition. It would be on an hourly basis, my hourly rate is $300 plus costs. It depends how agreeable she is.
Answer Applies to: California
Replied: 8/16/2013
Peyton and Associates | Barbara Peyton
It takes 60 months (180 days) from the date the other side is served with papers to get any divorce in California no matter how agreeable things are.
Answer Applies to: California
Replied: 8/16/2013
LAW OFFICE OF JON RATHJEN | JON LAURENCE RATHJEN
I assume you are aware of California's 6 month "cooling off" period; however, the only limit on how long it takes to complete the paperwork is how long it takes the parties to reach agreement; once the paperwork is done and submitted, it is just a question of waiting for the 6 months to run for the actual marital termination to take effect. I have reached agreement within days in my mediated cases; other times it has taken months. [note I should also warn you that in some counties thanks to clerical staff cutbacks, the time between submission of documents and approval signature and filing is anywhere from 3 to 6 months]
Answer Applies to: California
Replied: 8/16/2013
Sternic Law Offices
Sternic Law Offices | Ivan M Sternic, MD JD
In Chicago, an uncontested divorce can be completed within 7-10 days. If both parties are present and willing to conclude their marriage immediately, the process can even be done in the same day. All documents, including settlement agreement and waiver of two years waiting period must be signed by both parties, and no contested matter shall exist.
Answer Applies to: Illinois
Replied: 8/16/2013
    Law Offices of John F. Nicholson
    Law Offices of John F. Nicholson | John F. Nicholson
    I can only address California divorces. If you file in California it takes 6 months and one day to get a final judgment. Get a packet of forms from the court clerk with instructions so you can submit all of the required forms. You need a settlement agreement that addresses all of your assets and debts. You should at least consult an attorney to make sure you are on the right track. Also, you should have an attorney draft the settlement agreement.
    Answer Applies to: California
    Replied: 8/16/2013
    Shimberg and Crohn, P.C. | Jonathan Shimberg
    If it is truly amicable, you can obtain a divorce in about 10 days. You may qualify for a Joint Simplified Divorce where each of you represent yourself. There are limitations: The total fair market value of all marital property, after deducting all encumbrances, is less than $10,000, the combined gross annualized income from all sources is less than $35,000, and neither party has a gross annualized income from all sources in excess of $20,000. If you meet those, you can do it yourself. The court costs would be about $500, The Clerk has thew forms. If you do not meet those qualifications, then the marketplace determines your fees, which vary substantially. You could probably find someone to handle the case for a relatively low amount, depending on where she lives.
    Answer Applies to: Illinois
    Replied: 8/16/2013
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