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Quick uncontested divorce question

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  • Quick uncontested divorce question

    I am looking to find out how long a simple uncontested divorce takes. So far my friend has been waiting almost 9 months since he paid the lawyer to have it done.

    I've encouraged him to talk to his lawyer about this but the lawyer does not return his calls.

    Any input/ ideas are helpful..................thanks

  • #2
    Even uncontested divorces have what the courts refer to as waiting periods. Generally it takes about 2 months for the order to be issued once it has been submitted, if your reason for the divorce is that you have been separated for a year or more, and:

    1)you both agree that you want a divorce, and you are not asking the court to settle any other issues, such as custody, access or support (this is usually called an "uncontested" divorce), or
    2)you both agree that you want a divorce and agree on all other details, such as custody and support (this is called a "joint divorce action"), or
    3)you alone are asking for a divorce and for the court to settle other issues, such as custody and support, and your spouse does not dispute the divorce or any of the issues.

    If, however, you are asking for a divorce because of cruelty or adultery, or your spouse decides to dispute the divorce or any other issues (this is called a "defended" divorce), it can take much longer.

    Your divorce is automatically final 31 days after the court grants you a divorce order. You can re-marry only after the 31-day period has passed.

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    • #3
      Thank you for reply.

      They have been seperated over a year
      1. The divorce was agreed on. No custody or support or other issues.
      2. They agreed on all details.

      No issues brought to the court of cruelity, adultery or disbutes.

      I'm concerned my friend is being taken advange of by his lawyer. It's causing a lot of stress and problems in his life. His wife is verbally abusive, and uses the divorce to get her way because he wants out. Although there is emotional abuse he does not want to bring that into the divorce and wants it done as soon as possible.

      Any ideas? It's becoming a nightmare because of her threats.

      Thank you for your time.

      Comment


      • #4
        If the lawyer is not taking or returning his calls of inquiry, and if he knows the case # assigned by the courts, I'd give the court house a call and tell them about when the application was submitted, that it is uncontested on the above mentioned issues, and ask the status.
        Even if he does not know the case #, I'm sure he'd still be able to get the status with simply the applicant/respondent’s names. But he may have to go in person.


        My husband's lawyer was a little testy near the end of his time with us, and we ultimately let him go when we found out that the divorce had gone through but he did not provide us with a copy. The court gave us a copy within a couple of days.

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        • #5
          afraid of Lawyer

          Thanks again!

          My friend went to the court house to find out about the progress of his paperwork. They told him they were waiting for correction from the lawyer and it would be processed in 2-4 weeks. Now this is the hard part. He said he did not want to call his lawyer ---to check on if he knows about this, becuase he is afraid it will make his lawyer mad and he will delay it even more. I asked him to check the time line of the paperwork when he went into court house..( last date of any paper filed), and my friend said he forgot to ask that. I would think thats important, to see if it's been sitting there for months. Idk.......any ideas? Thanks for your time.

          Comment

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