Nonadversarial Divorce Law Takes Effect Oct. 1, 2015
A new state law effective Oct. 1, 2015,
provides for two new simplified
processes by which individuals can obtain a divorce.
With one process, those who are eligible also can obtain a divorce in 35
days or less as compared with the regular procedure, which takes at least
three months. In addition, a judge may now grant these divorces “on
the papers,” meaning individuals who qualify do not need to come to court.
Eligibility factors include:- Being married eight years or less;
- Neither person is pregnant;
- No children were born or adopted before or during the marriage;
- Neither spouse has any interest or title in any real property;
- The total value of all property they own is less than $35,000;
- Neither spouse has a company sponsored pension plan;
- Neither spouse has a pending bankruptcy;
- Neither spouse is applying for or receiving Medicaid benefits;
- No other action of dissolution of marriage is pending; and
- There are no restraining or protective orders between the spouses.
The other new simplified process applies to those individuals who have reached an agreement as to all terms of their divorce. They may now file a motion to ask a judge to waive the 90-day waiting period that is part of the dissolution process, thus shortening the amount of time their divorce will take to complete.
Information and posters will be in available at all courthouses, both in clerk’s offices and at court service centers. A sample poster is to the right. Information also will be available through the Judicial Branch website.