2 - 4 months for Divorce to be final

[Steve&Shamie 0]

Checking the court records it looks like the paperwork was file 4/1/11. I hope the 180 day wait doesn't start there?

Does anyone know about speeding up an uncontested divorce? We have been separated for 10 years. I think I read about a way to speed things up somewhere.

Wizhk

[StvM 1]

In most states it is possible to speed up a divorce. As an example - in NJ regular uncontested takes 4 month, I did mine in 23 days (Final divorce 23 days after filing date). Usually time consuming part is waiting for 30-35 days after service of papers, but you can sign Affidavit of Service with waiver (goes by different name in different states), notarize it, and ask your wife to submit this Affidavit together with Final Judgement of Divorce to court. Then you (or she) can ask Clerk of the Court to put it right on the calendar for nearest available date... Since it is uncontested - should be no problem. But then again - if you let me know which state are you in, then I can give you a better answer..

Edited June 1, 2011 by StvM

[Steve&Shamie 0]

If you let me know which state are you in, then I can give you a better answer..

Thanks for replying.

I am in Los Angeles California, which probably makes things a little harder.

Wizhk

[deeaiy 0]

I have been separated from my wife for 10 years and she just recently filed the paperwork for an uncontested divorce. She says that it will be another 2 - 4 months before the divorce is final..

Can I file the I-129F to get the K1 process going or is that going to cause me problems?

If I can file it should I put married or Divorced? The paperwork is at the courts now.

Thanks

Wizhk

It's worth the wait. I had to go through that myself. What I suggest you do is that while waiting for your final divorce papers start working on your I-129F package so as soon as you get your final divorce papers you will be ready to send the I-129F right away.

[StvM 1]

Thanks for replying.

I am in Los Angeles California, which probably makes things a little harder.

Wizhk

Well, yes California has 6 month waiting period, which starts AFTER service of Summons. Did she serve you with one, or did you sign waiver of service of process? Hopefully she did, otherwise your 6 month waiting period hasn't started, yet...

[Steve&Shamie 0]

I think so.. She gave me some paperwork.. and filed it. She has been trying to get a Divorce for a few years and I never complied because she wouldn't let me adopt her daughter that I helped raise since she was 1 and still raise to this day. (Now shes 18) Anyhow, this isn't the forum about that but below is the whole list of happenings from years ago. Is it possible that they can use one of the first serving dates as the start of the 180 days?

04/14/2011 Proof of Service-Summons & Com

Filed by Petitioner

04/01/2011 Summons-Amended

Filed by Petitioner

04/01/2011 Petition-Amended (1st)

Filed by Respondent

03/30/2010 Proof of Service-Summons & Com ([MULTIPLE DEFECTS] )

03/30/2010 Request-Enter Default (DEFECTIVE PROOF OF SERVICE )

03/30/2010 Judgment-Package Received-2336 (NONCOMPLIANCE CRC RULE 5.136; NO D EFAULT )

07/27/2009 Request-Enter Default (DEFECTIVE PROOF OF SERVICE )

06/24/2009 Request-Enter Default (DEFECTIVE PROOF OF SERVICE; NO DEC DUE DILIGENCE )

06/24/2009 Judgment-Package Received-2336 (UNDATED FL-141; NO DEFAULT FILED )

05/06/2009 Stiupulation, Appearance & Waivers (NO FEE INCLUDED; ONLY ONE SIGNATUR E ON FORM )

05/06/2009 Declaration-Serv Pre Dec Dis Inc

Filed by Petitioner

05/06/2009 Judgment-Package Received-2336 (NO FEE WITH FL-130 )

04/13/2009 Proof of Service-Summons & Com

Filed by Petitioner

03/16/2009 Judgment-Package Received-2336

Filed by Petitioner

12/19/2008 Judgment-Package Received-2336

12/19/2008 Stiupulation, Appearance & Waivers

08/27/2008 Stiupulation, Appearance & Waivers

02/26/2008 Petition-Dissolution

Filed by Petitioner

02/26/2008 Summons-Family Law

Filed by Petitioner

Wizhk

[james&olya 1,121]

I'm sorry for adding this, but.... If he is currently married (legally he is mind you), is this going to be a red flag when he goes to file and shows he met someone within past 2 years and started a relation? In some states, even if you are legally separated, you can still be charged with adultery should your significant other wish to pursue.And this will be a sworn direct admission of engaging in a relationship with the intent to marry prior to being legally divorced.. ? I would get some really solid advice on this issue before proceeding with filing. And you have a little time before that can happen anyhow. Good Luck......

Are you kidding? The jails are nowhere near big enough if they wanted to prosecute this 'crime'!! I am not a lawyer but I am sure that there is no problem in his implied admission of violating someone's idea of what constitutes adultery.

[Steve&Shamie 0]

If you want to get into Adultery, my Ex and I have been seperated for 10 years but she has been living with another man for 7 years.. I have been single and raising the kids.

Wizhk

[toma1 10]

I'm sorry for adding this, but.... If he is currently married (legally he is mind you), is this going to be a red flag when he goes to file and shows he met someone within past 2 years and started a relation? In some states, even if you are legally separated, you can still be charged with adultery should your significant other wish to pursue.And this will be a sworn direct admission of engaging in a relationship with the intent to marry prior to being legally divorced.. ? I would get some really solid advice on this issue before proceeding with filing. And you have a little time before that can happen anyhow. Good Luck......

You should be sorry... there is NO STATE in which you can be "CHARGED" with Adultery.

[SuperDuper! 230]

I have been separated from my wife for 10 years and she just recently filed the paperwork for an uncontested divorce. She says that it will be another 2 - 4 months before the divorce is final..

Can I file the I-129F to get the K1 process going or is that going to cause me problems?

If I can file it should I put married or Divorced? The paperwork is at the courts now.

Thanks

Wizhk

We won't ask why you have not filed for divorce for over a decade or for not knowing "it was over" many moons ago.

Just know you cant yet file for the 129F until you are legally free to marry.

in the meantime, just enjoy yourself, and make at least 3 trips to go visit your girl, and make sure she is the one.

Good luck!

[JimVaPhuong 4,863]

You should be sorry... there is NO STATE in which you can be "CHARGED" with Adultery.

Actually, there are a number of states which still have adultery laws on their books.

http://www.epis.us/laws_on_infidelity_and_adultery.html

The article quotes West's California Digest regarding adultery in California. However, the actual law against adultery in California is in the penal code, title 9, section 285:

285. Persons being within the degrees of consanguinity within which marriages are declared by law to be incestuous and void, who intermarry with each other, or who being 14 years of age or older, commit fornication or adultery with each other, are punishable by imprisonment in the state prison.

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=281-289.6

[toma1 10]

There are laws which make eating ice cream on Sunday illegal, that doesn't mean that they can actually be enforced.