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RobertJDFL, Lawyer
Category: Family Law
Satisfied Customers: 13881
Experience:  Experienced in multiple areas of the law.
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I am looking to file , but I want the quickest

Customer Question

Hello, I am looking to file for divorce, but I want the quickest way to do it without waiting six months for it to be final. My husband and I have been separated since 2013 ad live in the San Francisco bay area. Where,if any can I file and get divorce relatively quickly.
JA: OK. The Family Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: No, I have not because they are so expensive in my area and I do not qualify for any assistance.
JA: Please tell me everything you can about this issue so the Family Lawyer can help you best.
Customer: We have 3 children together, 18, 17 and 15, no assets to divide and we both want a divorce. He was going to file and just keeps putting it off, because he does not want to go to the court office to do it.
JA: Is there anything else important you think the Family Lawyer should know?
Customer: We did file a chapter 11 bankruptcy 3 years ago and he is making the payments on that, because I have the children and pay my own rent. I don't want any spousal, nor any of his 401K
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Family Lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: Family Law
Expert:  RobertJDFL replied 1 year ago.
Thank you for using Just Answer. The problem is, you are at the mercy of California law and what the law requires. The divorce process will take at least 6 months from the date the person filing for divorce officially lets his or her spouse or domestic partner know about the divorce. The case can take longer. BUT it cannot be faster than the 6 months. This is a mandatory waiting period required by California law and no couple can be divorced faster than 6 months. You will be able to get all your paperwork turned in to the court and your divorce judgment approved, but the divorce itself will not be final until at least 6 months after starting the case.The waiting period is to make sure you and your spouse do not change your mind about going through with the divorce. The courts want to give you time in case you decide to reconcile. You cannot get a divorce in California until the waiting period has expired.You cannot file in another state, because neither one of you is a resident of another state. And, even in states that offer quicker divorces (uncontested divorces in Nevada, for example, can often be handled within weeks), there are in state residency requirements. In Nevada, for example, the petitioner must be an in-state resident for at least 6 weeks prior. Not practical if both of you are working, have children, etc. Sometimes the parties agree to all the terms of the divorce before the six months has run -which it sounds like you have. In this case, the parties can prepare and finalize a divorce judgment before the six month waiting period expires, but you will not be divorced until the six months has run. Even if a judgment is prepared before the six month waiting period expires, the terms of the agreement are still binding on both parties. You are just not free to remarry until the six months have run. So long as neither one of you is looking to remarry right away, this is probably the best bet - the terms of the agreement will be binding, even though a court hasn't signed off, and once they do after 6 months, then you are both free to remarry.If you need clarification or additional information, please reply and I'm happy to assist further. Thank you.
Customer: replied 1 year ago.
I wantvto remarry as soon as I can. We both don't want to be married to each other. I is not helping me financially being married to him for my childs college. I just want this binding piece of paper dissolved asap
Expert:  RobertJDFL replied 1 year ago.
Unfortunately, there's no really quick, easy way to do this. Your best option might be something like a divorce in a foreign country -but not all divorce decrees from all foreign countries are accepted. One place where it is accepted is Guam, which is a U.S. Territory. There is no such thing on Guam as a “non-resident divorce”. However, under current Guam law, an uncontested divorce may be granted if both parties are in agreement to the terms of the divorce and at least one spouse visits Guam for a minimum of 7 days prior to filing the petition. The 7-day stay satisfies the residency requirements for a divorce. And, even this will still take at least 30-45 days on average to complete. But that is about the fastest and easiest you would find. Other foreign countries may also require even if you do get a divorce there that the divorce agreement be registered in California first with the courts, before the U.S. will recognize it -which makes for added costs and expense. Believe me, if there was a quick and simple way to do this, I'd tell you --but the reality is, the law requires some amount of waiting.
Expert:  RobertJDFL replied 1 year ago.
Your complete satisfaction is my goal. If you need additional information or clarification about my answer, please reply, and I'm happy to assist further. Otherwise, kindly remember to leave a positive rating by clicking on the stars/happy faces (3-5 stars/happy faces) as that is the only way experts such as myself are compensated on this site for our time and expertise, even if you have left a deposit. It doesn't cost you anything extra to leave a rating. Thank you.