In an attempt to answer to a few recent questions, many states offer a choice as to how a divorce can be granted.
There are no-fault divorces and fault based divorces. In most cases, a no fault divorce is cheaper because legal fees are less expensive. The number of billable hours required to go before a judge can add up very quickly.
Here is where it gets a bit more complicated.These are examples. The numbers can vary from state to state.
- When both parties agree to get divorced and one files a no fault divorce petition, after 90 days they can both sign an Affidavit of Consent to divorce. When the parties handle the divorce this way, the process can be expedited. Hopefully the couple can work out a property settlement during the 90 days and file the appropriate documents for divorce. This is the cheapest way and the quickest way but both parties must be able to cooperate.
- When one of the spouses does not consent to the divorce, the other spouse can file a unilateral no fault divorce. (also called irretrievable breakdown) With this type of no fault divorce, it is required that the couple has been separated or lived apart for 2 years. The papers can be filed but the divorce can’t be granted before the two years is up. (The date of separation is key to the starting time of the separation.)
If there is any way that you can communicate and cooperate with your soon to be ex-spouse, you can save a tremendous amount of money. Be very wary of any attorney who advises you to drag your feet with the divorce. The only people who will gain from this are the attorneys.
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