How quickly you can get a divorce in the United States depends primarily on the waiting period in your state of residence or the amount of time the state allows for the applicant to get a divorce from the court. Some states have no waiting period, while others have long waiting times of up to two years. To determine the waiting period in your state, check the 'effective waiting period for no-fault divorce' column of your state in this graph provided by the "Americans for Divorce Reform". The amount of time for the divorce also depends on how quickly the parties manage to complete the entire procedure. To get it in the easiest and fastest way possible, follow the instructions below.
Steps
Step 1. Reach agreement with your spouse on every aspect
In order to get a quick and easy divorce in any state, you will need to agree with your spouse on all matters, which include:
- Division of assets. You will need to decide who will take each piece of the movable and immovable property that you, your spouse or both have purchased. In addition to simple objects and home furnishings, they include bank and investment accounts, vehicles and real estate.
- Division of debts. Debts will need to be split between you and your spouse based on each party's ability to pay off the debt, whoever contracted the debt, and the resulting ownership for each party.
- Food or maintenance. If either of you hasn't worked to raise children, take care of a family member or because of an illness, they can be guaranteed alimony or support. However, be careful when accepting the payment of alimony or maintenance, because it is likely that it will not be possible to change the agreement later.
- Custody of minors and access rights. If you have children, you will need to decide both with whom they will live (this is the custodial parent) and when and how often the children will be able to be with the other party (the non-custodial parent). Most states have regulations called “Parenting Time Guidelines”, which are defined for the non-custodial parent who must have the right to visit with his or her children, if minors. Consult the clerk of the court for a copy if you are having difficulty reaching agreement on this point.
- Support of children. All states have laws under which the non-custodial parent must pay child support to the custodial parent. To determine how much your child support is, get the so-called "child support worksheet" or "calculator" on your state website. You can locate your state site by following the appropriate link from the State Government's Internal Revenue Service or "IRS" (the United States Revenue Agency) site page.
Step 2. Locate the required modules
Many states provide forms that are recognized as valid for divorce by mutual agreement. Other states don't have them, so you might spend some time and maybe spend some money to get the right ones. To find the correct modules:
- Visit your State website by following the appropriate link from the State Government Internal Revenue Service ("IRS") website page.
- Use your favorite search engine to search for divorce forms required by your state by typing “YOUR STATE divorce forms”. For example, if you live in Texas, you should set up your search like this: "Texas divorce forms".
- Go to the County Clerk office. Search for it online using your favorite search engine, call or go, asking if the forms are available and where you can get a copy.
Step 3. Fill out the forms
Follow all instructions provided with the forms. If you don't have them, try to answer each question as fully as possible, while remaining concise. Always write or print the compilation of these documents in black ink. If you need help, ask the court chancellery and / or consult the Bar Association in your area to see if it offers free or low-cost assistance for those who do not use any legal representation.
Step 4. Submit the completed forms to the appropriate court
Forms must be filed in the county where you or the other party reside. Check with the court clerk's office if you are unsure whether your county court handles divorces. You will have to produce more than one copy for each form and pay the tax for their submission, so call the registry first, to find out how many copies you will need to deliver, how much the submission costs and what forms of payment are accepted.
Step 5. Attend all necessary hearings
Divorce by mutual agreement does not generally require the parties to appear in court, but a brief hearing may be held in some jurisdictions. Be sure to attend any hearing the court has scheduled and bring all required documentation with you. Whenever you go to court, you should:
- Get there on time. You need to know exactly how long it takes to get to the courthouse, park your car and walk to the courtroom, and also add time for traffic and other eventualities that could make you late.
- Dress formally. A gentleman wears a suit and tie, while a lady wears the long skirt or dress and the best blouse with a jacket. Also avoid overdoing the jewelry.
- Show respect. Address the judge with "Judge" or "Your Honor", do not interrupt other people while they speak and stand up when you go to court.
Step 6. Attend all necessary classes, courses and / or tests
Many states establish parental education courses that some or all divorcing parents are required to take before divorce is granted. Consult with the County Clerk, the court or an attorney to determine if these courses are offered. You need to hang out with them to secure a divorce.
Step 7. Get and submit all other forms
As soon as the waiting period is over, you can present the "Final Decree" or "Decree of Dissolution" (final sentence or sentence of dissolution of marriage), in whatever way I call it your state, together with all the remaining documents required by the court. If you are unsure about what you need to submit, other than the final judgment, check the instructions provided with the form or ask the clerk of the court.
Step 8. Wait for the ruling
Once the judge has signed the final sentence, the court will send you a certified copy of the sentence or a notice telling you that the sentence is ready to be withdrawn. If you do not receive anything from the court, within two weeks of submitting the final documents and / or the final hearing, call the court to find out the reason for the delay.
Warnings
- Don't believe that online sites promoting quick, cheap, and no-court divorces are credible sources of information and services.
- It is advisable to consult a lawyer before doing anything that risks infringing your rights and compromising your duties.
