When does the divorce process start?

AudreyTooTwo · 2023-06-05T00:16:41+00:00

an uncontested divorce

Ummm. Maybe I'm missing something here. I'm looking at the other comments, and everyone is ignoring the elephant in the room.

You said it's an uncontested divorce. But are you sure you and your ex agree on EVERYTHING? You said you're "thinking of filing" which makes me wonder if you've really gotten her full agreement on everything yet.

The elephant in the room is your apparent desire and belief that you can circle a date on the calendar with a bright red Sharpie and declare: "THIS is the day I'll be divorced!"

I'm sure lots of men can back me up here. But if your wife decides to fight you on something, even something small, it can snowball into months of litigation. And God Help You if she gets an attorney who whispers in her ear: "You can have more" because then the lawyer will start filing motions. And it's ironic they're called "motions" because the more there are, the slower everything goes.

And even if your ex agrees on everything, the court moves at a colossally slow pace. I remember once having a hearing scheduled, and the court itself canceled it at the last minute. The next available slot was MONTHS away. Good God, of all the things in the world that happen according to schedule, divorce is probably last on the list.

Not trying to be a pessimist. Maybe if we knew more about your wife's attitude...

robertstone123456 · 2023-06-04T15:30:09+00:00

Here in Tx, the clock starts the moment the papers are filed, and it’s a 60 day minimum.

dynamite_baker · 2023-06-04T18:31:48+00:00

In Washington state it's 90 days after both people have signed the petition.

INeverSaidThat89 · 2023-06-04T23:55:11+00:00

Moment filed.

AmbitiousPosition705 · 2023-06-05T01:41:15+00:00

It usually starts when the court receives the completed paperwork. We did an uncontested divorce, the court waived the 30 day waiting period and told us it would be finalized in 4-6 weeks. The judge had our papers signed only 1 week later. If it’s uncontested that can really speed things up, whether that’s a good or bad thing is another story.

Classic_Dill · 2023-06-05T11:35:10+00:00

Legally or emotionally? Because the day I separated, I emotionally divorced myself from her, but legally, as soon as the papers are served, that’s what the real process starts.

out-the_door · 2023-06-05T16:25:16+00:00

Once you and stbx agree to terms and both of you have signed and notarized a Marital Separation Agreement, you have a legally binding contract. So whatever is detailed in that document, that's what's getting filed.

Attorney files it with the Court which then sets a review date. After it gets before a judge and is approved, you are divorced. I don't think this takes long, but every state is different.

Diablo_Canyon2 · 2023-06-04T15:18:22+00:00

You are legally separated once the papers are filed. Your spouse will get served the papers and will gave a time frame to respond, 30 days in CA.

Character_Hippo90 · 2023-06-04T21:23:16+00:00

The moment the clerk registers your filing the clock starts ticking.

Title	When does the divorce process start?
Author	Ambitious-Key1315
Upvotes	5
Comments	15
Date	June 4, 2023 3:11 PM UTC (3 years ago)
Subreddit	Posted in /r/Divorce_Men
Original Link	https://old.reddit.com/r/Divorce_Men/comments/140fy3k/when_does_the_divorce_process_start/
Archive Link	https://theredarchive.com/r/Divorce_Men/when-does-the-divorce-process-start.1221277 https://theredarchive.com/post/1221277

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