So I was recently told by a lawyer on this website that my divorce can be separated from the financial/custody issues in order for the divorce to be finalized. I am wondering about how long that process might take? Do judges typically rule on that topic quickly? Does a court date need to be set, or is this something the judge simply gets the paperwork and signs off on it?
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It is done by way of a motion for bifurcation. Those take about a month, but the length of time really depends on court congestion and the exact time will vary from court to court.
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A bifurcation to terminate your marital status requires that at least six months has passed since the date the petition was served upon the respondent. Please meet with an experienced family law attorney to explore your legal options.
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Ms. Kock is correct that you must have waited six months from when the divorce petition was served. If that time has passed, then how long it will take depends on whether the other party will stipulate (agree in a formal court document) to have it bifurcated. If you both agree, it can be done pretty quickly, sometimes a week if the papers are all in order and the court is not too busy. No hearing is required. If the other party does not agree, then you have to do it by a noticed motion and court hearing as Mr. Roach mentioned. You would have to find out from your court how far out the are scheduling hearing dates. The minimum time would be 21 days from when you serve the motion, if you have it hand served.
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