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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 10-20-2005, 01:57 AM
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My wife just saw a lawyer, and he told her that a divorce would
take at least a year. Much to my surprise, she is anxious to get
this over with as soon as possible too for the sake of the children,
since she does not want them to know I am (or will be) living
with another woman while still married. I haven't discussed this
with her yet, but the fact is we have been living separate and
appart for well over a year and although she was oblivious, I had
no intent of returning - so that satisfies the requirements for
divorce on the grounds of separation for one year. Her lawyer may
not understand the situation because he is only hearing her version
of things. That being the case, and especially if she is motivated to
speed things up for the children's sake as she said, we can settle the
divorce and leave the corollary issues for later. Under those circumstances,
what is the very quickest we could have this over and done with? I
expect that it is well under a year. Can someone tell me?
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Old 10-21-2005, 01:16 PM
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Because our proceedings were not proceeding quickly (I think four years is a bit much!)...I triggered a process called a Motion to Sever. In essence, it allows the process of granting a divorce while keeping all other issues separate and aside. There are a couple of situations where an opposing spouse could make a claim that they would be disadvantaged if a divorce was granted...namely, the outstanding issue of child support or if the spouse would be disadavantaged by severing (a good example is if the provision of health and dental benefits are no longer available and they have a heavy reliance currently). If your spouse is agreeable to this route, I can tell you from personal experience, it is a great feeling to see the piece of paper that follows!

I think you should check into your international divorce law first and see if there is any advantage from that end. It couldn't possibly be worse than here!!
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Old 10-21-2005, 09:22 PM
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I also have a split divorce. It took 3 months from the time we signed the papers until we got the final divorce papers.
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Old 10-22-2005, 11:13 AM
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Ok...couple of things...

Yes you can sever the issues from the divorce...but you also can move things forward with temporary orders to satisfy both parties while you are seeking a divorce. Separation agreement is really what you are seeking unless you are wanting to remarry quickly.

You also can agree on a separation date which is further back than when you actually lived together. Some couples will live together in separate bedrooms for years until the property issues are resolved but their agreed separation date was over a year ago.

I would present to her lawyer that you have a separation date of the last time you were intimate and realized mutually that you were not going to resolve the marriage. However keep in mind the other financial benefits or disadvantages of the time of separation being that particular date.

Hope that helps
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