Will Getting A Divorce Be Difficult?
When people imagine the divorce process, they frequently assume that it has to be difficult. Modern divorce law, however, is largely designed to minimize conflicts and expedite the termination of marriages that no longer work. That doesn't necessarily mean every divorce will be super easy. Take a look at what factors make the process easier or harder and how that might affect you.
State Laws
As potential sources of difficulty go, the state where the divorce is adjudicated is one of the biggest factors. In a decided minority of states, the divorce law essentially allows something close to an on-demand process. Other states build in cooling-off periods that range from a few months to a couple of years.
Note that these cooling-off periods don't have to make things tough. All things being equal, it may just make the process longer. The important thing is to understand that the divorce process will always happen as long as one party says there are irreconcilable differences. If you feel anxious about the time involved in the process, remind yourself that regardless of the statutory features of the system, the divorce is going to happen.
Serving Papers
Even if both parties want the marriage over, there are some scenarios where just getting the divorce started can be time-consuming. The most common version is when one party is a member of the military deployed overseas. Under those circumstances, there are federal protections in place that can delay the process until the service member has time to deal with it.
Similar issues can occur whenever serving paperwork to the other person is inhibited. People who do business out of state, for example, can have trouble getting the paperwork rolling. The same applies to folks who travel overseas for long periods.
Two-Party Agreement
Although it only takes one party to terminate the marriage, the process is almost always easier if both partners are done with the marriage. While someone who wants to stop a marriage can't, they can delay a few things along the way and force the courts to sort things out.
It's impossible to keep the courts out a divorce entirely, but there's a big difference in how things will go if both parties have their attorneys draw up documents and sign off on everything. Some negotiation is to be expected, but doing it in a mature and structured fashion should push the paperwork through the courts at something close to the statutory minimum time.
For more information about divorce, speak with an attorney.
Share