American lawmakers have historically been very reluctant to grant the divorce, and as a result, many state laws contain waiting periods or other restrictions that slow the process.
Often even longer delays come from the process of splitting up a couple’s assets and making sure their children are properly cared for. Below is some information on how to get a quick divorce.
Make a deal to speed along the divorce process
Divorce typically cannot be granted until issues related to property division and child care are resolved.
This is often the biggest roadblock to finalizing a divorce.
When a wealthy couple splits up, each spouse will often hire a lawyer and they will fight to get as much of the marital assets as they can. That does not make sense for most people, though.
For a couple that is renting a house and just has a few thousand dollars in savings, there is no reason to pay thousands of dollars to lawyers to fight over those few thousand dollars of assets.
A couple looking for a quick divorce should do everything they can to get to an agreement on spitting property and child custody. They may be able to work things out themselves, or they may hire a third party to help them.
For a reasonable price, a lawyer might be able to negotiate an agreement and then go to court to get that agreement finalized.
In fact, many state laws go out of their way to promote couples working out their marital differences on their own. For example, in Texas, the law of the land explicitly says that it “promotes amicable settlement” and that judges will accept a couple’s agreement in most circumstances.
Some states, like Arizona, go further and require parents to attend a mandatory parent education program before the divorce can be granted. If one parent does not attend, he or she can be blocked from custody and visitation. Being slow to take these classes can delay a divorce.
Some states prevent quick divorces
It was only in recent decades that couples became able to get no-fault divorces simply because they no longer wanted to be together.
The law in many states still reflects a historical distaste for divorce.
Take Utah, for example, a divorce cannot be granted until 30 days after the petition is filed. This is an explicit roadblock to prevent quick divorces, as lawmakers imagine that a couple might use that time to reconsider and avoid a hasty decision to divorce.
There is not much evidence that these types of waiting periods work, though. In fact, laws forcing a person to be legally bound to a spouse they are trying to get away from are falling out of favor. For example, Maryland recently eliminated their typical one-year waiting period for couples that can agree on property division and do not have children.
In Missouri, as an opposite example, if both spouses come to court saying that they agree their marriage is “irretrievably broken,” then the judge simply reviews their statements and then orders a divorce.
A judge can delay the divorce for 30-day periods if he or she finds that the couple might be able to reconcile, though.