Frequently Asked Questions

Q. Does one have to go to court to obtain a divorce?

A. A court of law is the only way in which one can obtain a divorce decree, dissolution, legal separation, nullity, or other form of terminating a marriage.  Each jurisdiction has established its own body of law by which this procedure is accomplished to give it full legal effect.  The various states have enacted statutes that govern the procedures by which this is done.  Other than the termination of the marital estate the court also has jurisdiction to resolve the other issues which are intertwined in the existing marriage which include but are not limited to, custody and visitation rights, division of property of the marital estate, spousal support, child support, restraining orders, etc.

Q. What is involved in starting the process for a divorce or dissolution?

A. The first step would be the filing of a properly executed petition with the appropriate court.  The court must have what is called subject-matter jurisdiction that would entail satisfying the requirements of residency or domicile within the state and county dictated by the statute.  This can be as little as six weeks or as long as three to six months.  Without this threshold requirement being met the court would not have the jurisdiction to hear the matter and execute an order or decree of divorce, or dissolution, or like orders terminating the marital state.

Q. How long does the process take to obtain a divorce or dissolution?

A. The time period involved is dependent upon the law of the state and could be as short as six weeks and can extend to six months depending upon the jurisdiction involved.  If there are contested issues involved, it can be several years   before the court may resolve all of the issues involved.  The decree of divorce has full effect as soon as the judge signs it.