Is there any way possible I can get a divorce without being seperated a year?

UPDATED: Jul 28, 2011

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Is there any way possible I can get a divorce without being seperated a year?

We just got married 7 months ago and seperated shortly afterwards. We both have children; he mistreated my children so I decided to seperate.

Asked on July 28, 2011 North Carolina


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

In most states there are requirements that there has to be a certain period from the time the petition for dissolution is filed in a county court house and served upon the other side, there is a mandatory time period from service until a decree of dissolution is entered by the court dissolving the marriage. In California, the waiting period is six months.

The rationale is that the legislature of most states in this country value the sanctity and importance of marriage. Its end should not happen quickly and should not be based on knee jerk reactions. If you want a divorce to get underway, you need to file a petition to dissolve the marriage, get the summons and petition served upon him and get the stautory time running to end your marriage.

Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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