What is the easiest Divorce Route

[wagoneer]

please only people that have actually done this.

 

[AMGS3]

Are you American? Is the other person? The following advice would only apply if you are under the jurisdiction of a US state.

The easiest route is if you both agree (neither of you thinks that either of you owe the other anything). One of you goes to the court and fills out the paperwork for dissolution of marriage. You both can't fill out the form at the same time, one person files and then the other person replies to the filing.

So, the important thing for a nomad is taking into account which county court you would file in. Usually, the person filing has to live in the jurisdiction of the court that they filed in. Are you pretty nomadic now? It may be worth it to research how many days you must live there to be considered a resident of that jurisdiction. Or let the other person file the initial dissolution paperwork to you.

If you are low income, you can see if there is a local legal aid association that could help you for free.

Also, if you are low income (even if you don't get help from legal aid) you can petition the court to waive the court filing fee associated with the divorce. You will need to prove your income status.

If you do decide to go through with the divorce, I would absolutely not recommend doing it without the help of a lawyer UNLESS
-1)the two of you have no shared assets to split (no house, vehicles with shared ownership, a business, land, anything!),
-2)you both absolutely agree to the split of your individual personal property(exactly who owns what), and
-3)you have no shared minor children.

And yes, I have personal experiences with getting divorced. Two, actually. One was a freaking nightmare (custody battle, shared property, lawyers, etc) and one was comparatively quite pleasant (no shared marital assets at all). By all means get help from a lawyer if you have anything to lose. Anything at all. Protect yourself.

But yes, it is possible for it to be fairly painless for both of you.

~angie

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[Blanch]

My easiest divorce was when we both agreed on who got what, had a paralegal draw up the papers, and followed through with the court system. Nevada is the easiest state for divorce, it is final in three days.


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[RoamerRV428]

all about if you are fighting like dogs over property etc. or if you are in agreement of who gets what and are amicable thru the whole thing.

fighting means drawn out and longer and not easy and more lawyer fees etc.
friendly divorce means lawyers, courts just do the paperwork you guys agreed upon easily and it gets done.

 

[sushidog]

From San Francisco leave on 580 which turns into I-5. Take it south to Bakersfield, then cut over on CA Hwy 58 to I-15 and follow it to Vegas.

That's the easiest divorce route, IMHO.

Chip

 

[John61CT]

Of course jurisdiction matters, so best to be in a good one before you start.

Get your spouse to think it's their idea, making sure everything stays as friendly, even loving as possible.

Only consent to their desire for a divorce if they agree to your terms wrt the kids, property division and alimony if relevant.

And of course not all of the above applies, nor may be possible for *your* situation.

But I have come through three 100% unscathed, still close friends with all my ex's, in fact we travel to visit each other for weeks / months at a time, the mother of my third crop of spawn is staying with us now through the holiday season.

 

[WalkaboutTed]

I've been divorced four times, widowed once, so I consider myself an expert. The easiest and cheapest was with a paralegal.
Ted

 

[Plant]

I've divorced twice. The easiest way? Figure out why you guys broke a marriage and then fix the issues. Life is not better divorced. Divorce is a failure.

 

[MrNoodly]

A hit man?

 

[travelaround]

I've got to agree with Plant - I've been divorced twice and staying married would have been better, in the long run. So it is worth trying to fix it if that's a possibility. Of course, sometimes it is not - especially if the other person isn't into trying to make it work.

Fast and easy? I'd go the Nevada route, or the paralegal if that can happen in your state. Many states don't allow paralegals to work independently of attorneys.

There's a book on doing your own divorce, available from Nolo Press. If you're low income, you can probably qualify for a fee waiver.

 

[MrNoodly]

Wagoneer is in California.

 

[travelaround]

In California, a paralegal must work under the supervision of an attorney.

Attorneys wanted that law so they could quit losing money to paralegals.

When I lived in California (Siskiyou County) there was a family law clinic at the courthouse regularly where you could have an attorney go over your paperwork, if you were trying to do such a thing as a divorce yourself.

 

[Blanch]

The local courthouse in California usually has a legal aide desk. If you can go there, they can better answer your question than all of us.

California divorces have a 6 month waiting period to be final. You only have to reside in Nevada for six weeks to divorce there, and only one of you have to be a Nevada resident. Three days and it is final. Also Nevada is easy, I used a paralegal, appeared in court, and it was all over. No lengthy wait like my California divorce.


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[maki2]

Most likely Alaska, you can file for divorce the day you arrive. The presumption is that you are going to live there...at least for the 30 days to become final. But they do send the papers to you by mail. You don't need an attorney to file if you are in agreement with your spouse. The court cost is $250.00 DIY version you will need to have all the required paperwork notorized for legal signatures by both parties. So if you have always wanted to visit Alaska .....

Obviously that is with no minor children involved in the divorce.

Yes, I did indeed get divorced in Alaska, it was many years ago. We DIYed the divorce, minor child involved but that was not an issue. Cost back then was $50.00 paperwork was final before the end of the 30 days.

 

[wagoneer]

Wow so many great responses .While we are not in disagreement and kids are now men it's more of a financial thing I pay for a lot of the day to day stuff not allowing me to retire from earning, no anger or hatred she is still my little ballerina . just without the benefits. lol

 

[RoamerRV428]

Is she working? if not you are gonna pay alimony of some sort she will be coming out of this whole thing with a lot of benefits actually, her 1/2 of all of it LOL

 

[wagoneer]

Yes she works gets 1099's ( pays no taxes on income) I really don't care about the house, but she won't agree to sell .It's not a money thing.

 

[RoamerRV428]

yea if she wants the house then she will have to buy you out.

sad thing is everyone wants 'their bit' in it and how they want to exit a marriage and what they get after all is said and done. hopefully you guys can come to agreements and get'er done. just chat it out best ya can, if things are not bad between ya then you guys will find a way out that suits everyone.

 

[John61CT]

Everyone will tell you, each should get their own lawyer.

I say bulldust, **much** better to accept a deal you consider "unfair" than to get **any** sort of legal conflict going.

If you need a lawyer, get one together.

Let her keep the house, hold a note / lien with very low interest so she basically has a generous rent-to-own, you get some extra income over time until she pays it off, you still own half minus what she's paid you if she has to / decides to sell later.

Just accept she gets half, accept some alimony for a few years if she makes much less than you, be easy and generous.

If you fight it out you lose most of the assets in legal fees, but the real loss is years of stress and conflict, and likely damage your relationship.

 

[RoamerRV428]

yea it is a balancing act.

know when to hold 'em, know when to fold 'em. very important. fight a lot and lawyer fees start to climb