How do I file for a rush divorce?

Question

Do I just tell them when I file that we want a rushed divorce and why we want one?

Answer 1

There is no such thing as a rushed divorce.  At best, it will take 2-3 months.  For the quickest outcome, you should both agree on the terms and both sign the petition indicating that you agree.  The paperwork will be filed with the court and a court date will be set (probably 1-2 months from the filing) for a judge to review your petition.  Some states require you to be present at this hearing and others don't.  Once the judge reviews the petition and signs the decree, the divorce will be official.  Most states require a waiting period of anywhere from 30-90 days after a divorce is final before either party can legally remarry, so if this is the plan the waiting period should be considered.  Lastly, some states require a period of legal separation before a divorce will be granted.  It's usually anywhere between 6 months and 1 year.  You'll need to find out if this is a requirement in your state.  So, again, there is no such thing as a "quickie" divorce.

Answer 2

Depends on what you mean by rush divorce.....there really aren't any of those.  in most states, you can fine at any time but the courts mandate a 60 day "cool down" period before they will even hear the divorce filing.  After the 60 days, they will schedule a hearing for you and your spouse to appear.  that is about as "rush" as it gets.  The purpose of the court is to allow sufficient tim for people to change their minds and realize what they are doing before the divorce if finalized.  hope this helps....good luck.

Answer 3

The only "quick" divorce is an uncontested divorce where no children are involved.  But even that sort of divorce is not going to be instant.  Especially depending on the State you live in.  Some states REQUIRE you to be separated at least 6 months before the divorce can be finalized.  Some states require 45 days even after the settlement.  States take divorce seriously because it is a contractural agreement and to dissolve it means more than just "breaking up".    Assets will have to be divided, accounts clossed/transferred.  

Basically you and your husband need to make as many decisions together BEFORE you go into court.  If you BOTH agree to just walk out the door without any disagreement over assets, it will go by faster.  If you are just getting the lawyer and he's not going to want a lawyer then that will shave some time off.

But if you have children........forget it.  Then there is a whole slew of things involved with that --- visitation, child support, custody.  

Not to mention.  Lawyers take a long time to process these cases cuz you are not the only file they have.  So again, what do you mean by quick?