May 8th, 2010 will be exactly the date we have been seperated.
We have a signed separation agreement in place.
Can we have are paper work in early so that May 8th, 2010 we will automatically be divorced or
is there a lag period?
Does your website have a standard form to file for absolute divorce or where I can get it?
Sure the Atty will give a much better answer, but the way I understood the time line process, 1 year you become eligible to divorce, only then can you serve papers, if you serve early it is invalid, then you have to give a 30 day time for a response, then ‘go to court’ for it to become final. So it is more like a year + 45-60 days if everything works on schedule
Labrat is correct. You are not eligible to file for divorce until the 366th day that you have been living separate and apart. After the complaint is filed the process normally takes about 60-90 days to complete. Many counties offer “do-it-yourself” divorce kits which are available at the courthouse.
Understand I can not serve her until day 366 and then 30 day for response.
When she responds, does she or I have to acautlly make an appearance to get the
divorce finalized or granted ? I was under the assumption it was just a paperwork
submission via regular mail to the clerk of court and judge grants without appearances.
Just want to clarify labrat’s then ‘go to court’ phrase below.
Thanks!
You cannot FILE the complaint until the 366th day. Depending on the County you file in you may have to appear in court to get the judgment entered.