I am a victim of assault by husband and filed for a divorce from him. Do I have to wait 6 months for the divorce to be final?

Asked over 1 year ago - Rancho Cucamonga, CA

We filed the divorce and requested immediate termination of the divorce due to irreconcilable differences and domestic abuse problems. Is there something I can file in court to get an immediate divorce? The physical abuse has been going on for 17 years. I have a restraining order against him and he cant come to the house.

Attorney answers (3)

  1. Michael Roger Schneider

    Contributor Level 14

    3

    Lawyers agree

    Answered . I am sorry to be the one to tell you that unfortunately, it is impossible to get a divorce before the six months have passed (and, that 6 months only starts AFTER the other party has been served). Even worse, that is the least amount of time before a divorce can be granted. That is not in fact the amount of time that things will take. The more contentious that the case is, the longer the divorce will take to finalize. You may wish to consult with a qualified local family law attorney to get more specific advised based upon ALL the facts in your case. But, no matter what, things will not finish before the statutory 6 months after date of service have passed. Good luck!

  2. Caroline Victoria Tucker

    Contributor Level 7

    2

    Lawyers agree

    Answered . Unfortunately you will have to go through the process of the divorce and sort everything out. If you have children it could make it more complicated. I would suggest you consult with an attorney to help you with this process.

    Please note that this answer does not constitute legal advice, and should not be relied on, as each situation is... more
  3. Cathleen Elisabeth Norton

    Pro

    Contributor Level 17

    2

    Lawyers agree

    Answered . There are other steps you need to take in order to finalize your divorce. You will not be divorced in 6 months simply because you filed a Petition for Dissolution of Marriage. You are mistaken about how the divorce process works so I am including links below so you can begin educating yourself about the process. Good luck.

    If you found this answer helpful, let me know by clicking the "Mark as Helpful" button or "Best Answer" at the... more

Related Topics

Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

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