Kim Kardashian and Kris Humphreys were only married for 72 days yet their divorce has taken over a year and 3 months and it’s still not over. Many clients often ask:
1. How long will my divorce take?
2. What is that 6 month rule?
3. What happens if he/she won’t sign?
How Long will my divorce take?
The length of your divorce depends on many factors. If you and your spouse are amicable and resolve your divorce by way of settlement agreement, your divorce can be completed in a matter of months. On the other hand, if you are battling custody, the date of your separation, support, property or other issues and need trial dates your divorce could last for years. There is no set time frame. It depends on whether you and your spouse can come to an agreement on your own or you will need court intervention.
What is that 6 month rule?
In California the legislation provides that you cannot be officially divorced by the court until 6 months has expired since you served the opposing party with the Petition for Dissolution for marriage. This is typically known as the “wait period.” The court wants to allow couples time to be sure that they actually want the divorce, so they must wait for 6 months until they can terminate their marital status.
What happens if he/she won’t sign?
“I cannot get divorced because she refuses to sign the paperwork.” This is famous line from television movies/shows which many people think is true. In California you can most certainly get divorced without the other party signing any paperwork. If one party wants the divorce, in taking the proper procedures through experienced legal counsel a person could get divorced by a judge determining that an irreparable breakdown in your marriage has occurred.
Why is Kim’s divorce taking so long?
It is very apparent that the parties in the Kardashian v. Humphreys divorce cannot come to agreement with the assistance of their attorneys. Humphrey’s wants the marriage annulled which is not an easy task to accomplish. His attorney will have to prove that Kim committed fraud in marrying Humphreys. If the parties were able to reach an agreement they could have been divorced in a matter of months.
It is often more cost effective and less stressful to settle your divorce with the assistance of an attorney. There are times where that is not possible because the other side is irrational or is holding a grudge. In those situations it is important to get legal representation to fight for your best interest.
Thank you for sharing. Certainly one of the most emotionally charged aspects of your divorce concerns your child or children. Tragically, children all too often get caught in the cross-fire of divorcing parents, when what should be ultimately important to everyone concerned is the welfare of the child.
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