Waiting Periods

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Waiting Periods

Divorce is a tough process to go through. Sometimes that process is made harder by statutes that states have in place that require a waiting period from the time that you file for divorce. The waiting period in a divorce is basically an amount of time that a couple must wait before the actual divorce process can begin. This time is often referred to as a “cooling-off period.” It is mainly meant to give people time to think about if they really want to get a divorce in the first place or if their problems can be resolved through counseling or other methods.The amount of time that the waiting period is varies from state to state. At this point, about half of the states have some sort of waiting period from when you file and when you can get divorced. In Missouri, an uncontested divorce may be granted to parties after thirty days from filing for divorce. In Illinois, there is a rebuttable presumption, under a new law just signed (that goes into effect in 2016), that when the parties have been separated six months, the marriage is irretrievably broken and the parties can complete an uncontested divorce. In Oklahoma, where there are kids, the waiting period is ninety days.

Of course, everyone wants their marriage to work out. But, sometimes we know that just isn’t the case. While it is unclear if waiting periods cause fewer divorces, it certainly helps people think more clearly about their actions and gives them time to decide if a divorce is something that they want to pursue.  It is important to note as well that in addition to these waiting periods, there are also residency requirements that must be met.

We have an article related to this topic that you can read: The benefits of legal separation.

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It is important for people thinking about going through a divorce in Missouri, Illinois, Kansas, or Oklahoma to discuss all of your options with an experienced family law attorney who can help you get all of the information you need for each specific state.

The attorneys at Stange Law Firm, PC can help you if you are thinking about going through a divorce. You can contact us online or by calling any of our convenient locations throughout the region.

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