I am trying to buy a home, but my loan officer has told me that I cannot purchase the home until I am divorced. Our divorce is uncontested, we have no shared property, and the papers are to be filed tomorrow (5/16).
Once the papers (they have been signed and notarized by both of us) have been filed, how long will it take until I have a divorce decree and my divorce is final and recorded? Both of us live in Georgia, and the papers are to be filed in Georgia (Atlanta/Fulton County).
Also, is there any way to shorten this time? The contract for the home I am buying expires on June 22nd so time is of the essence!
Family Law Attorney
It is unclear which "papers" are being filed tomorrow. If you are filing the initial complaint/petition for divorce, the earliest that your divorce can be final will be thirty-one days from tomorrow (or June 16). There is absolutely no way to shorten that time. If your divorce was already pending and you're now filing the final agreement and request for an order, then the date of finalization will depend on the judge's case load.
You should probably speak with your realtor or the buyers about extending the contract. That will be much easier than speeding up the court.
~ Kem Eyo
The above answer is a general explanation of legal rights and procedures. It does not constitute legal advice. Nor does it establish an attorney-client relationship between the individual posting the question and the attorney providing the answer.
Divorce / Separation Lawyer
Divorces take a minimum of 31 days when uncontested with acknowledged service (46 if there is no consent to try). In Fulton the actual hearing will probably be further out that that. Since pro se divorces tend to be problematic, there is a good chance of delay. That chance would be minimized with counsel.
You are likely going to miss the June 22 deadline.
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Child Custody Lawyer
If you and your husband signed an "Agreement to Try at First Term," it would allow for the divorce to be tried at anytime after thirty (30) days have elapsed from the date of service on the defendant.
If you are filing a signed and notarized settlement agreement, you (your attorney, if you are represented) can call the Judge's Calendar Clerk and schedule a time to take a Final Divorce - and your attorney can ask for a date prior to the June 22nd date to which you've alluded. A Final Judgment and Decree would be signed after the evidence is taken (which, once your matter is called, takes a couple of minutes), and could be filed immediately thereafter with the Clerk of Court.
Best of luck to you.
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Criminal Defense Attorney
If your loan officer is telling you that you can't buy a house unless you get a divorce, then, in my opinion, you should get a new loan officer.
And yes, you won't make the June 22 deadline. Get that contract extension too.
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