How long do I have to wait before I can file a complaint for divorce?
There are several grounds or legal reasons which allow the court to grant a divorce and rules that govern when you may file your complaint:
A. Adultery - There is no waiting period;
B. Extreme cruelty - You may file three months after the last act of cruelty occurred;
C. Desertion - You must wait 12 months after the desertion occurs before filing your complaint;
D. "No Fault" - If you and your spouse have been living separate and apart for 18 consecutive months, you may file a complaint for divorce with the 18 month separation as grounds.
Many states require a "cooling-off" period of separation for a specific length of time before no-fault divorce proceedings can begin. During this time, the couple is required to live separate and apart with the intent that the separation will become permanent. The duration of the cooling-off period varies according to state law. In New Jersey, after the 18-month separation period, the divorce decree is made effective immediately, but is still subject to appea
Attorney Williams practices FAMILY LAW throughout the State of California and may be reached at (831) 233-3558 and offers free consultations. The response provided in this forum is not intended to create an attorney-client relationship. The information offered in this response is for general informational purposes only and should not be relied upon without further consultation with a legal professional after all relevant facts are disclosed and considered. DANIEL S. WILLIAMS, ESQ. LAW OFFICES OF DANIEL S. WILLIAMS 500 LIGHTHOUSE AVENUE, STE. A MONTEREY, CA 93940 (831) 233-3558 -- OFFICE (831) 233-3560 -- FAX
For irreconcilable differences you do have to have them for 6 months or more before filing. However with most people, the differences leading up to divorce last at least that long so usually this is not a problem.
As for being divorced within 1 month, this is not likely. Depending on the county, it usually takes 2-6 months to have all your paperwork processed and hearing scheduled.
This answer should not be construed as creating an attorney-client relationship, and is for informational purposes only, not legal advice.
Attorney Willams gave you one of the best and most succint yet comprehensive answers i have read on this site. The only thing I would add is to make sure that you understand your entire marital estate and all of your options and rights before finanalizing anything to protect your future. Take care and Hope that you find happiness.
Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.
You have to be a resident of New Jersey for at least a year before you file. The irreconcilable differences have to occur at least 6 months before you filed for divorce.
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