How to Get a Quick and Easy Divorce

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  How quickly a party can get divorced will first depend upon his or her state’s waiting period, or the amount of time the state requires a person filing for divorce to wait until the Court will grant the divorce. Some states have no waiting period, while others have waiting periods of up to two years. To determine what the waiting period in your state is, check the ‘effective waiting period for no-fault divorce’ column for your state on this chart provided by Americans for Divorce Reform. The amount of time it takes a couple to divorce also depends on how quickly the parties can complete the procedure for divorce. To get the quickest and easiest divorce you can, follow the steps below

Steps

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   Reach an agreement with your spouse on all issues. In order to get a quick and easy divorce in any state, you will need to be in agreement with your spouse on all issues. This includes:
   • Property Distribution. You will need to decide who gets every piece of personal and real property that you, your spouse, or the two of you own. This includes, but is not limited to household goods furnishings, bank and investment accounts, vehicles, and real estate.
   • Division of Debt. Debt should be divided between you and spouse according to each party’s ability to pay the debt, who incurred the debt, and how much property each party is receiving.
   • Alimony or Spousal Support. If you or your spouse has been out of the workforce in order to raise children, take care of a family member, or because of a disability, alimony, or spousal support, may be warranted. Be careful when agreeing to pay alimony or spousal support, however, as you may not be able to modify that agreement later ^[1]
   • Child Custody and Parenting Time, or Visitation. If you have children, you will need to decide which party the children will live with (the custodial parent) and how often and when the children will visit with the other party (the non-custodial parent). Most states have what are called Parenting Time Guidelines, which spell out all the times the non-custodial parent should have parenting time, or visitation, with the children. Check with your Court Clerk for a copy of your state’s Parenting Time Guidelines if you are having difficulty reaching an agreement on the issue.
   • Child Support. All states have laws, which presume that the non-custodial parent should pay child support to the custodial parent. To determine how much child support should be paid in your situation, check your state’s website for a child support worksheet or calculator. You can locate your state’s website by following the appropriate link from the Internal Revenue Service’s (“IRS”) State Government Websites page.
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   Locate the proper forms. Many states offer state approved forms for uncontested or agreed divorces. Other states do not, so you may have to spend some time and possibly some money to obtain the correct forms. To locate the proper forms:
   • Visit your state’s website by following the appropriate link from the Internal Revenue Service’s (“IRS”) State Government Websites page.
   • Use your favorite search engine to search “YOUR STATE divorce forms”. For example, if you lived in Texas, you would search “Texas divorce forms”.
   • Check with your County Clerk’s Office. Find it online using your favorite search engine, call, or stop in and ask if forms are available and where you might get a copy.
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   Complete the forms. Follow all of the instructions that came with your forms. If you did not get instructions, try to answer every question as completely as possible, while remaining brief. Always type or print in black ink when filling out Court forms. If you need help, check with the Court Clerk and/or local bar association to see if your jurisdiction offers free or low cost assistance to pro-se parties.
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   File the forms with the proper Court. Your forms should be filed in the county in which you or the other party resides. Check with the Court Clerk’s Office if you are unsure which Court in your County handles divorces. You will need more than one copy of each form as well as filing fee, so call the Clerk’s office first, to find out how many copies of each document you should bring, what the filing will be, and what forms of payment are accepted.
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   Attend any necessary hearings. Uncontested or agreed divorces generally do not require the parties to appear in Court, but some jurisdictions may conduct a brief hearing. Be sure to attend any hearings the Court schedules and bring any documentation it requests. Whenever appearing in Court, you should:
   • Arrive on time. You should know exactly how long it takes you to get to the Courthouse, park the car, and walk to the Courtroom, and then allow yourself extra time for traffic and other things that might delay you.
   • Dress conservatively. Gentlemen, put on a suit and tie, and ladies, break out your favorite long skirt or dress and best high cut blouse and jacket. You should also avoid wearing too much jewelry.
   • Show respect. Address the Judge as “Judge” or “Your Honor”, do not interrupt other people when they are speaking, and stand when you address the Court.
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   Complete any necessary classes, courses, and/or tests. Many states have parenting classes and education courses that some or all divorcing parents are required to take before a divorce will be granted. Check with the County Clerk, the Court, or an attorney, to determine if there are any instructional courses, you need to take in order to have your divorced granted.
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   Obtain and file all remaining forms. As soon as your waiting period is over, you may file your Final Decree or Decree of Dissolution (whatever your state calls it) along with any remaining documents your Court requires. If you are unsure what you need to file besides the final decree, check the instructions that came with your form, or with the Clerk of Courts.
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   Wait for your Decree. Once the Judge signs your Final Decree, the Court will mail you a certified copy of the Decree or a notice telling you the Decree is ready for you to pick up. If you do not receive anything from the Court within two weeks of filing your final documents and/or attending your final hearing, call the Court to inquire.

Warnings

Online services offering quick, cheap, no hearing divorces may not be credible sources of information or services. 

You should check with an attorney before doing anything that may affect your legal rights and obligations.

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Sources and Citations

1. ↑ http://scholar.google.com/scholar_case?case=4776477667450406195&q=31-11-3&hl=en&as_sdt=800004

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