We’ve taken some time in the past to answer frequently asked divorce questions, but there are always questions to be answered. While we got to questions of how divorce works, how to go about filing, and how much the process generally costs, that’s only scratching the surface of the issue. Below are the answers to more commonly asked questions about divorce.
How long do divorce proceedings take?
As with so many other legal questions, there are many answers here, and they’re generally determined by the laws of your state. Some things to consider are residency requirements, which state that both parties must be a resident of the state for a certain period of time, which can be as long as a year. Your state may also have a separation requirement, which would state that you and your spouse must be living separately for as long as three years. In some cases, there can be a waiting period from the time of the initial filing to the time when the divorce is finalized, too. Some states even have rules that require mediation or required marriage counseling, which can affect the amount of time it takes to finalize a divorce.
What if I don’t know where my spouse is?
This is generally an extreme circumstance, but it can happen, and it doesn’t mean that you can’t proceed with your divorce. In most cases, you must make an attempt to locate your spouse before the court will allow you to proceed without them, and this can include checking phone listings near you and where your spouse was last known to be living, checking property records to see if they have property in their name, speaking with friends and family members, checking with the post office for a forwarding address, or even checking driver’s license records to see if they have a valid driver’s license. In the case where none of these attempts help you to locate your spouse, the court can grant you the right to file for divorce by publication. Basically, this means that you can advertise your divorce in the newspaper and have your spouse considered served that way. This will allow you to become legally divorced, settling custody issues as well, without your spouse being present.