Divorce Questions

Frequently asked Divorce Questions:

If you have further questions, please enter them into our ‘ask a lawyer’ box at the top right of this page.

How long does a divorce take in my State?

This question depends on the state you are in. See our State Divorce Laws page. For example: a divorce in Michigan takes 60 days without children and 180 days (6 months) with children. This time period begins from the time you first file your first papers with the court. Post your question in our ask a lawyer box to find out.

Can the waiting period be waived?

The state-mandated waiting period is part of the divorce process and requirements. It can be waived under special circumstances (ex: domestic violence); where one spouse has to get out of the relationship quickly to protect against potential harm. However, you really have to convince the courts that your case is special (deserves exemption from the waiting period). Doing that requires a lawyer.

What are the Court Costs in my State?

When you first take your papers to the Court, there will be a Court fee, which pays for the Judge and the Court Clerks. It is usually around $75-150 dollars. Also, if you have children, there is a usually a fee associated with a Children’s Office. That fee is usually around $75. All states and counties are different. Call the Court in your County to check on the exact fees. Your County Courthouse’s phone number should be available in the County Government section of the phone book.

My Spouse and I now live in different States?

This doesn’t matter in a divorce for the most part. Just make sure you fulfill the Residency Requirement in the State that you currently live in. You can get divorced in the State where you live. However, if your spouse is out of the Country, you will either need that Spouse to sign the divorce papers or you can do a Missing Spouse Divorce if you cannot locate him/her.

We were Married in one State and now Live in another State?

This doesn’t matter in a divorce for the most part at all. Just make sure you fulfill the Residency Requirement in the State that you currently live in. You can get divorced in the State where you live.

Residency Requirements:

Residency plays an important part in all the divorces. You would file in the county and state where your feet are on the ground at the moment, provided you qualify for residency in that State. “Your home is where you hang your hat.”

If you don’t qualify for residency in the State where you are currently living, you most likely would file in the prior state where you lived (qualified for residency). But, you must travel there a couple times. At least once to file the forms at the court initially and at the end to attend your final hearing. Traveling like this is not the preferred method, for obvious reasons. If you don’t qualify for residency in the State where you are currently living and you don’t want to travel to your old State, then you can wait until you obtain residency in the current State.

If you have further questions, please enter them into our ‘ask a lawyer’ box at the top right of this page.

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