Last updated on December 15th, 2022 at 05:22 pm
There comes a time in every relation when couples have a disagreement with each other. Sometimes these fights can lead to a divorce case. Getting a divorce can become challenging in some cases. In this article you’ll find how to get a divorce depending on the situation, location, money, etc.
How hard is it to get a divorce near Pennsylvania?
Divorce time is Pennsylvania may take anywhere between 90 days to 12 months depending upon the type of complaint lodged in court. To begin a divorce in Pennsylvania, one or both of the couple should be a resident of Pennsylvania for at least 6 months. There are three different types of legal process regarding divorce in Pennsylvania- mutual, uncontested, and fault-based divorce. Person who is appealing for legal separation in court is known as plaintiff and other party is known as the defendant.
Mutual divorce is collaborative divorce and can take up to 90 days. In uncontested divorce, the plaintiff have to wait for at least one year being separate and then only he or she can appeal for divorce proceedings in court. Fault divorce occurs when one spouse does not want a divorce and both parties do not live separately. Still the plaintiff can get a divorce if he or she can prove that the defendant is at fault.
Other than mutual divorce, other two processes usually take a long time.
How hard is it to get divorce near New Jersey?
Depending on the circumstances, it can be pretty easy to get a divorce. In New Jersey, a divorce agreement can be filed even without a divorce attorney. If the spouses are okay with the divorce settlement and there are no strings attached like child support, family home, other assets, etc. it becomes even easier. Divorce in New Jersey can happen based on any of the following reasons- infidelity, domestic violence, involvement of mental health institution, imprisonment, abandonment, and irreconcilable differences.
In case of any complicated situations mentioned above, the plaintiff files for divorce papers. The defendant has 30 days to counter claim. Irreconcilable differences are the easiest way to get a divorce because the couple go into an uncontested divorce. That means they do not have to present any evidence to the court for any kind of cruel treatment or they agree to get divorce without any claims.
How to get divorce for free
It is well known that any legal proceedings can be very expensive, especially in United States. Divorce is no exception too. Here are the steps to get divorce for free:
1. Apply for fee waiver scheme
There are ways to get dissolution of marriage if you are financially in a very tight spot. Fortunately, there is a fee waiver scheme for which you can appeal in court. This scheme is only suited for couples that are opting for a mutually consented divorce without involving any marital property and are financially broken.
To waive the fee, the couple has to show proof of their low finances to the court. The proof of income should cover income from all sources, child support, social security, disability payroll, taxes, and assets. The divorce documents have to be notarized by your bank to request for a fee waiver. Even then, it is up to the court’s final order that whether to approve your paperwork for a complete fee waiver or to a ‘pay it later’ kind of deal.
2. Provide necessary documents
You must provide two copies with originals of all documents for both spouses when you apply for divorce. When there are small children involved, you may need to provide supplementary copies of some pleadings.
3. E-file
A good idea is to file for divorce online. E-filing is quicker and doesn’t need for making several copies of the same document. In nearly half of the states, you may complete the whole divorce process online.
What is an uncontested divorce?
It is a general rule that uncontested divorce is the easiest way to get a divorce. An uncontested divorce saves you a lot of mandatory waiting periods and a lot of money. Uncontested divorce can be obtained in two ways. First one is that if both spouses agree on the terms of the divorce such as property division, shared debt, child custody, child visitation rights, etc. and come to a mutual agreement.
The second way is if the plaintiff demands for separate property, child custody, etc. and files a divorce in court. If the defendant never responds to the divorce documents and never responds to court, the court order may get in favor for the plaintiff after judging all the entitlements.
How to get a divorce with no money (or very little)
The average cost of a divorce settlement in the US is about $7000. A mutual divorce is the first option if you are looking for a low cost divorce. There is a second option if you cannot handle and file all the documents yourself. Look for a legal aid society or volunteer lawyers program in your area or look through your state bar association.
If you need a legal advice on your divorce settlement, these societies and volunteer lawyers might provide you legal rights with no-cost or low-cost legal assistance. If they see you as an indigent person, they might file the fee waiver papers themselves on behalf of you without any filing fee. But the chances of getting a divorce for free is less. Do not get your hopes up before starting with the procedure.
How to get divorce immediately with no waiting?
The easiest way to get an immediate divorce with no waiting is a no-fault uncontested divorce. The minimum time for a fault-based divorce can take up to 6 months whereas, no-fault uncontested divorce may only take a few weeks.
Keep in mind that there is no way of telling whether or not the defendant will be ready to accept the divorce decree without going to family court. Uncontested no-fault divorce centers around the following terms:
- Property division
- Spousal support
- Debt division
- Child custody
- Visitation
- Child support
- Insurances
If the couple agree on all the terms, they can proceed for an immediate divorce without waiting.
What is the cheapest way to get a divorce with a child?
There are some states that allow you to file divorce papers for $150 to $400. Some states like New York has a feature for e-filing documents. After downloading the documents, go for a mutually uncontested divorce. If you are going for the custody of the child, you may consider a divorce mediation to get what you want. The next step for you will be to opt for a fee waiver application in court if you are struggling with money. You can ask the court clerk for all the required documents. If you are unable to handle the procedure, go to a volunteer lawyer association where they can help with low or absolutely no cost.
How to get a divorce in Georgia – what is the procedure?
To get a divorce in Georgia, you have to file for divorce proceedings with the Clerk of the Superior Court in Georgia where you and your partner have lived for the past 6 months. Then decide what type of divorce you are opting for- uncontested or contested.
Note that Georgia is not a community property state. This means that after divorce, both spouses get equitable interest of all the properties that they acquired during their marriage. You can either settle your problems yourselves with less expenses or you can go to court for your claims. The rest of the legal proceedings are more or less same as other countries.
FAQ relating to how hard it is to get a divorce
Is getting a divorce difficult?
Yes and no. If couples are opting for mutual no-fault uncontested divorce, they need not to worry about the hassles of the court. If the defendant is determined to give the plaintiff a hard time, it becomes difficult to handle a divorce. Lawyers and court gets involved in the process.
How long does it take to get a divorce?
It depends on the situation. Uncontested divorce may take a few weeks, whereas contested divorce may take anywhere between 90 days to 12 months. If you are opting for a fee waiver application, it may also take a long time with the verification process. Temporary orders may slow down the process too.
What makes divorce so hard?
Some may say the money and property involved. But deep down it is the emotional attachment that hurts the most during a divorce. Getting a divorce from the person you once loved the most hurts the most. Also, if you lose custody of your child, the pain is unimaginable.
Is it better to divorce or stay unhappily married?
Peace of mind is the most important thing in human life. You can be married unhappily despite having a huge amount of money and a lot of property. If you are facing physical abuse, mental torture, or life threats; you have every right to get a divorce and restart your life.
Key takeaways
Here are some facts about getting divorce:
- No-fault uncontested divorce is less complicated, takes less time, and less money.
- Divorce may cost as low as $150 to $400 and can reach up to $7000 with legal proceedings.
- There are ways to file a divorce with no money or very less amount of money. Check if your state offers a fee waiver scheme.
- Uncontested divorce may be settled within a few weeks.
- Contested divorce may take 90 days to 12 months.
