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length of time for divorce - 7/31/2013 10:47:29 PM   
defiantbadgirl


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Do divorces usually take a long time if both parties want the divorce but don't agree on division of property and assets? Don't judges have the power to end marriages and divide marital assets instead of allowing divorces to drag on for months and sometimes years?

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RE: length of time for divorce - 7/31/2013 11:00:01 PM   
Dvr22999874


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usually divorces go through in two or three months here (thank the gods *smile*) and then the wragling begins about the dision of spoils but that too is usually sorted with a few months

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RE: length of time for divorce - 7/31/2013 11:16:47 PM   
tazzygirl


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quote:

ORIGINAL: defiantbadgirl

Do divorces usually take a long time if both parties want the divorce but don't agree on division of property and assets? Don't judges have the power to end marriages and divide marital assets instead of allowing divorces to drag on for months and sometimes years?


Depends on state/country laws. Some states require a period of separation. If assets are not agreed upon, or young children are involved, they may require mediation to work out the issues first.


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RE: length of time for divorce - 8/1/2013 1:48:51 AM   
AthenaSurrenders


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quote:

ORIGINAL: defiantbadgirl

Do divorces usually take a long time if both parties want the divorce but don't agree on division of property and assets? Don't judges have the power to end marriages and divide marital assets instead of allowing divorces to drag on for months and sometimes years?


It depends on many many factors, not least where it is taking place.

Judges might have the power to divide marital assets, but why wouldn't they allow divorces to drag on? It's not like a criminal case where it might be in the public interest to reach a quick conclusion (and even they often drag on for years). It's two people in dispute over their stuff. If they both want to keep fighting for what they feel they are owed, I don't see why they judges would care that it was dragging on. They might if it involved children getting messed about.

Yes they often do take a long time. It's not like most of that time is spent before the judge. Most of it is taken up with visiting your solicitor, them writing a letter to the other party, the other party visiting their solicitor, another letter being written, financial documents being pulled together, a meeting, a few weeks drafting up a proposal, more meetings, more letters etc etc... the actual judge sees very little of this, and the solicitors get paid by the hour, so they don't mind how long it takes.

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RE: length of time for divorce - 8/1/2013 3:11:00 AM   
areallivehuman


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I went through this three or so years ago, in NY. You will be far better served to come up with a plan for division of assets on your own, rather than wait for the court to mediate it. It will take forever, and the lawyers bills will eat you alive.

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RE: length of time for divorce - 8/1/2013 4:52:02 AM   
ChatteParfaitt


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This:


quote:

ORIGINAL: areallivehuman

You will be far better served to come up with a plan for division of assets on your own, rather than wait for the court to mediate it. It will take forever, and the lawyers bills will eat you alive.


Check out local services, there might be a mediator you can qualify for or hire.

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RE: length of time for divorce - 8/1/2013 6:05:44 AM   
imtempting


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If depends if all parties agree on who gets what. The judge will rarely ever decide.

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RE: length of time for divorce - 8/1/2013 6:10:12 AM   
kiwisub12


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When I divorced a decade or so ago, we used a mediator. We each paid half of her fees, and went for as long as it took to sort everything out. She was there as a dispassionate judge to make sure that no-one was steamrollered into doing anything inequitable - and from my perspective, since my ex was a dominating ass, it worked very well.

I would highly recommend going the mediator route, rather than giving money to lawyers in a traditional role.

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RE: length of time for divorce - 8/1/2013 5:18:55 PM   
LookieNoNookie


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quote:

ORIGINAL: defiantbadgirl

Do divorces usually take a long time if both parties want the divorce but don't agree on division of property and assets? Don't judges have the power to end marriages and divide marital assets instead of allowing divorces to drag on for months and sometimes years?


Divorces take 4 times longer than you expected, cost 6 times more than you expected and take 10 times longer to forget.

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RE: length of time for divorce - 8/1/2013 6:04:14 PM   
Spiritedsub2


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"You know why divorces are so expensive? Because they're worth it."

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RE: length of time for divorce - 8/1/2013 6:10:50 PM   
WinsomeDefiance


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No clue. Left my husband 16 years and 14 days ago and still haven't bothered to divorce him.
On a positive note, 16 years later; our youngest is almost grown and we no longer have any shared assets.
Just a matter of signing on the dotted line now.

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RE: length of time for divorce - 8/1/2013 6:26:06 PM   
TieMeInKnottss


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In the process of dissolving a 13 yr, 2 kids, house, cars, retirement account...marriage. I WISH it was as easy as what you say. If there are no kids, no marital property to wrangle over...yeah it is just a matter of filing some papers and knowing how long the required separation is. Every state is different, it also depends on whether it is contested or not.

In MD, you get a "limited divorce" as soon as you file papers stating your intent and the you don't live together any more. You have to work out the property division, custody, child support...to file for this "limited divorce". Once you file that, as long as you don't stay together overnight or share a home again..you can get a final in a year..

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RE: length of time for divorce - 8/1/2013 7:35:07 PM   
littlewonder


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Didn't you just get married a couple of years ago?

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RE: length of time for divorce - 8/1/2013 9:03:40 PM   
Aylee


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quote:

ORIGINAL: littlewonder

Didn't you just get married a couple of years ago?


I thought that they were not getting married because of student financial aid.

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RE: length of time for divorce - 8/1/2013 11:22:01 PM   
NuevaVida


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In California there's a 6 month separation period before a divorce can be final.

My divorce took 3 years, from the time I filed, because he kept fighting me on it. Cost me $25,000 in legal fees and the only asset we had was a house that short-saled in the middle of a foreclosure.

"I will fight you till the ink is dry" is what he reminded me, regularly.

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RE: length of time for divorce - 8/2/2013 6:23:56 AM   
angelikaJ


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quote:

ORIGINAL: Aylee


quote:

ORIGINAL: littlewonder

Didn't you just get married a couple of years ago?


I thought that they were not getting married because of student financial aid.


I believe they got married for health insurance reasons.



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RE: length of time for divorce - 8/2/2013 11:18:56 AM   
Spiritedsub2


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When I was in private practice as a divorce lawyer, I was astounded at how many people remained married (who couldn't stand each other) because of health insurance only. I am interested to see how the Obama health insurance plans free people up to finally divorce if that plays out that way.

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RE: length of time for divorce - 8/2/2013 12:33:57 PM   
pahunkboy


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I know a guy who has been getting one for years and years and years now.

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RE: length of time for divorce - 8/2/2013 2:07:06 PM   
HarryVanWinkle


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It depends entirely upon the jurisdiction, whether the spouses can deal civilly with one another, how much and what type of property is involved, whether there are children and whether there are lawyers sucking up as much of your mutual property as possible while encouraging your dispute.

My recommendation, if it's legal in your jurisdiction, is to find a mediator whom you can both respect to help you work out the differences, then do an uncontested divorce without, or with only one, lawyer.

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RE: length of time for divorce - 8/2/2013 3:46:57 PM   
ThundersCry54


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quote:

ORIGINAL: Spiritedsub2

"You know why divorces are so expensive? Because they're worth it."

~Willie Nelson

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I agree with Willie!



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