Divorce FAQ's

How long will it take?

Allow a few months. You can start the paperwork for getting your Judgment 31 days after notice is served on your spouse. Once you get the Judgment and it has been entered in the books by the Clerk, all orders are effective immediately except that the marriage bonds are not finally dissolved until at least six months after a notice was served on your spouse (or, in the case of a Summary Dissolution, six months after the Petition was filed). On the other hand, if you are in no hurry, you can take almost as long as you like to complete your divorce.

When can we remarry?

You are not free to remarry until after the Judgment has been entered and the date specified on it for termination of your marriage has passed, at least six months after the date you started your case. It is all right to wait longer. Take your time.

What if we reconcile?

Reconciliation is a state of mind which goes beyond merely dating or occasionally sleeping together. The question here is, what do you do about the dissolution if you are certain you no longer want a divorce? If no Response has been filed and no Judgment has been obtained, the case can be dismissed if Petitioner alone files a dismissal form. If there's been a Response, both parties have to sign. Even after the Judgment has been entered, the case can still be dismissed if both parties sign and file a dismissal form before the date your marital status actually ends.

What about those quick, cheap divorces from the Dominican Republic?

Divorces from a foreign country are generally valid in the US if they are valid in the country that granted the divorce. However, in cases where neither of the spouses actually goes there to establish residency, such divorces will almost certainly be invalid in any US court. Unless acting on the advice of a local attorney, don't waste your money on a phony piece of paper from a mail-order Dominican divorce scam.

What if the wife is pregnant?

An unborn child of the spouses must be mentioned in the Petition. Any child born to a married woman is presumed to be that of the husband. If they were cohabiting when it was conceived, and if the husband was not medically impotent or sterile, then the presumption is just short of conclusive. If there is or may be a dispute as to paternity, you had better see an attorney.

Am I entitled to my spouse's income after separation?

No. That income and accumulations of either spouse after separation are their own separate property, whether or not any legal action has been filed, so long as the spouses live apart and do not intend to reunite. An exception would be retirement benefits from any plan earned, at least in part, during the marriage, or any income from community property assets, such as rent or interest.

Am I liable for my spouse's bills incurred after separation?

Generally, No, but to protect yourself, you should hurry up and get your Petition on file to establish your date of separation. You should also close all joint accounts, cancel joint credit cards, and notify creditors that are accustomed to extending credit to you jointly. Even then, you can be held liable for your spouse's debts incurred for the common necessaries of life, unless you have a written waiver of support or have settled the matter of support in a court order.

Does divorce have tax consequences?

Yes. Almost every aspect of divorce could possibly have important tax consequences. Depending upon what property and income you have, and especially what support arrangements you make, you might be able to save a lot of money by seeing a tax expert, especially before making a marital settlement agreement. The tax rules are numerous and they change frequently, but fortunately there is an excellent little booklet that tells you everything you should know. And it is absolutely free. Simply call your local Internal Revenue Service office and ask for IRS Publication 504, Tax Information for Divorced or Separated Individuals.

Divorcing aliens:

Resident aliens who are divorced after less that two years of marriage are in danger of losing their resident status and they and their dependent children may be in danger of deportation. If you have this problem in your case, you should definitely consult an immigration attorney.

If you are looking to file for divorce, or simply need information, click on the following links below. If after reading the material or consulting an attorney, you decide to use our service, use our online questionnaire.

You can even download our questionnaire for Divorce and open it in Adobe Acrobat Reader. If you do not own a copy of Acrobat Reader, we have provided the link for a FREE copy of Adobe Acrobat Reader.

Simply download and complete any questionnaire and fax, mail or drop it off to one of our offices. We do the rest! Any questions please call (805) 582-6172.