Waiting Period Before Divorce is Finalized

Waiting Period Before Divorce

27 States want those contemplating divorce to do a little soul searching and take a bit of time before filing for divorce. 

These States have made it a law that prior to divorce couples must attend a class which usually discusses the best interest of the children, leaving children out of the divorce, reconciliation, finances etc…

Other States are considering implementing a law stating that the divorce waiting period will be extended to 6 months and sometimes more.  

The idea or philosophy behind this type of legislation is this: divorce has been advertised as the latest and greatest invention since Spock said set the kids free. Contrary to that type of false advertising many times divorce is devastating to both parties. 

By extending the waiting period it offers an adequate amount of time for those who might consider counseling, arbitration or just a flat cooling off period for a married couple giving them time to analyze the pros and cons of divorce.

Word of caution, if you live in the Salt Lake City area be prepared to attend 2 hour, $ 55 dollar seminar before a judge will finalize a divorce.  This law isn’t etched in stone yet, but many who support this law would like to help couples save their marriage if possible.  

This type law isn’t new to Utah; they had a similar one back in 1994. All 48 States have similar classes available, but 21 States it’s optional.

In many respects trying to get those contemplating divorce to attend classes is an exceptional idea.  There are so many things that may come up during divorce proceedings and this is merely a way to pave the way (especially for first time divorcees. 

Maybe you haven’t reviewed your divorce forms yet, but do you know how to request temporary custody of the children, temporary alimony, fill out interrogatories, serve papers on a spouse, courtroom protocol, taxs, division of assets etc. 

If the one expected to pay child support and/or alimony too, it might be very important to find out what a judge’s decision might be because if there aren’t any funds available due to lack of employment this throws a whole different light on a final divorce decision.  Even if the spouse paying child support and alimony from his or her unemployment check – remember that check will at some time be a thing of the past.

Many times I’ve mentioned that 2013 & 2014 are going to be tough times for those contemplating divorce.  Health insurance (Obamacare,) part-time jobs are quite popular now, unemployment checks may not come close to covering the normal child support and/or alimony payments.

It’s the many unknowns that will bite you in the fanny – if you’re a gambler then best of luck, but if there isn’t abuse or addiction in your marriage, maybe a free consultation with an attorney or some counseling might be perfect for you at this time. 

As Always,

Little Tboca