Should you be able to get a divorce on the day you file?

Flint Divorce Lawyer Terry Bankert shares his opinion on the waiting period in divorce.

These waiting periods are thought to be for the children.

The underlying theory is that waiting gives children the time to adjust to the split of their parents. It gives the parents time to reconcile before divorce.

A long waiting period also works to exclude men from joint custody.

Most men move from the marital home and into inexpensive small apartments. They have been a partner in raising the children but usually end up with a reduced role during the waiting period after a temporary orders have been made. At the time of trial they no longer have a joint custody environment and have effectively lost their right to joint physical and legal custody of their children. What do you think the waiting period between application and granting of divorce should be?

GOVERNMENT SHOULD STAY OUT OF PEOPLES LIVES.

Divorce in itself is a social issue which should not be of concern to the government, other than the need to determine property interests and decide child custody issues, which are legitimate legal concerns.[3]

Divorce Waiting Period

Many states have divorce waiting periods .WHEN YOU FILE FOR DIVORCE make sure what the waiting period is. These Divorce waiting periods vary from state to state, ranging from a month to six months to even a year or more, if certain divorce issues haven't been resolved. Many states will consider extending divorce waiting periods, especially for couples with children. Some think that shorter divorce waiting periods lead to higher divorce rates.[8]

What's the Waiting Period to File for Divorce in Your State?

Many states require a period of separation before divorce when fault is alleged,. But most states have no requirement about spouses being separated for any period of time prior to filing for A NO FAULT DIVORCE. Did you know that some states require a period of separation before filing for divorce Other states require a separation prior to issuing a divorce decree. see generally [8]


WAITING PERIOD IN DIVORCE


A divorce judgment generally may not be entered until after the expiration of a waiting period: 60 days after the complaint was filed for a divorce without children and six months when minor children are involved (unless the court finds extenuating circumstances that necessitate shortening the six-month period). MCL 552.9f; MCR 3.210(A).


The willingness of the trial courts to waive the six-month waiting period varies widely among the circuits and among judges within a circuit.


MCL 552.9f also provides that a party may perpetuate testimony before the waiting period has expired. See also MCR 3.210(A)(3). A plaintiff who will not be in the local area after the waiting period may file a motion for perpetuation of testimony. Testimony is taken in open court, transcribed by the court reporter, and placed in the court file. At the hearing, the court considers the perpetuated testimony in determining the grounds for entry of the divorce judgment. Alexander v Alexander, 103 Mich App 263, 303 NW2d 202 (1981).


COULD A LONGER WAITING PERIOD SAVE THE MARRIAGE OF SANDRA BULLOCK AND JESSE JAMES BECAUSE OF HIS SEX ADDICTION?

Sandra Bullock's love rat hubby Jesse James will spend April in rehab, his publicist said. [4]


SHOULD THE WAITING PERIOD BE SHORTNED WHEN THERE IS DOMESTIC VIOLENCE?

STACEY DASH: The 44-year-old actress split from her husband of three years, Emmanuel Xuereb, in January and a judge granted her a protection order when she filed legal papers to make the split official.[5]

WHAT AFFECT DOES THE WAITING PERIOD FOR THE RICH HAVE CONSIDERING THE COMPLEXITY OF THEIR PROPERTY DIVISION?

Casino maestro Steve Wynn and his now-ex-wife, Elaine Wynn, officially ended their marriage late last year with a settlement that has been sealed at her request. Yet the question has been raised in the nation's gossip columns and in the parlors around Vegas: Was this split the costliest on record? "I would say so," Wynn, 68, …Wynn's relationship with Hissom became public in January 2009. The Wynns filed for divorce two months later. A judge accepted a proposed settlement in November…..Elaine Wynn received her 11,076,709 shares of stock in January, when it was worth $741 million. A recent stock run-up now puts the value of that stake at $955 million.[6]

WHAT IMPACT WILL A WAITING PERIOD HAVE ON THE VERY PUBLIC TIGER AND ELIN WOODS SPLIT?


"Elin thinks if Tiger rushed his golf comeback then all he was interested in was getting back to where he was and she doesn't want to go back to where they were."There were so many other women, so many years of betrayal, of Tiger living a lie. Elin has to learn to trust him again and that is not happening."In fact, his return to golf has made her trust him less," the source revealed.[7]



ARIZONA FAILS IN ATTEMPt TO MAKE IT HARDER TO GET A DIVORCE

It appears that an ill-conceived bill to extend the waiting time before a divorce is finalized in Arizona has been rejected by the Legislature.[1]

That's good. We hope House Bill 2650 is not resurrected during the last, chaotic days of this legislative session.[1]


NO-FAULT DIVORCE

In Arizona, which is a "no- fault" divorce state, one party needs only to assert in a court petition that the marriage is "irretrievably broken." After a 60-day wait, a judge can formally grant a divorce.[1]


ARIZONA FAILS IN ATTEMPT

Lawmakers rejected a bill that would have extended that wait to 180 days. When that failed, Rep. Nancy Barto, R-Phoenix, next tried a proposal that would have allowed one party to demand that the divorce be delayed for six months.[1]


Opponents say a longer waiting period extends uncertainties for children and could impose dangerous stresses on couples.[2]


STATE POLICY SHOULD BE TO ENCOURAGE MARRAIGE

Barto argued that the change was needed because "homes that break up cost the state and should be the policy of our state to encourage families to stay together," Howard Fischer of Capitol Media Services reported in the Star.[1]

LONGER WAITING PERIOD DOES NOT SAVE MARRAIGE

That argument makes little sense to us. There's no evidence that a longer waiting period would reduce the number of divorces.[1]

DO MOST FAMILIES TRY COUNSELING FIRST

As we noted in a February editorial, Colleen McNally, the presiding family court judge for Maricopa County, testified to a House committee that by the time many couples file for divorce, they've already tried counseling.[1]

TIME TO GET DIVORCE SHOULD BE SHORTNED

In an earlier story reported by Fischer in the Star, McNally said judges would like to see the time to make a divorce final shortened, not lengthened.[1]

PEOPLE DO NOT SEEK A DIVORCE IN HASTE

"We don't seem to see people coming to court who are hastily seeking to dissolve their marriages," McNally said.[1]

GOVERNMENT INTRUSION IN TO PEOPLES LIVES

Fischer reported that the bill could still be revived using parliamentary maneuvers.

Lawmakers should let it die a quiet death. We think it would perpetrate a new, inappropriate government intrusion into the private lives of Arizonans.[1]


A SHORT WAITING PERIOD IS BEST


But if married couples want to split, and the necessary legal issues have been addressed, then the state should keep its nose out of it. It is something individuals should decide for themselves, and the court system should expedite the process as much as possible, not drag it out.[3]

Posted here by
Terry Bankert
http://www.attorneybankert.com/
Find your court house in Michgian
http://www.dumpmyspouse.com/


See


[1]

http://azstarnet.com/news/opinion/editorial/article_8e801e6b-322a-5c89-b0f7-f95afcb50210.html


[2]

http://www.kswt.com/Global/story.asp?S=12280057


[3]

http://www.yumasun.com/opinion/divorce-57570-delay-legislation.html


[4]

http://www.dnaindia.com/entertainment/report_jesse-james-to-spend-april-in-rehabilitation_1369695


[5]

http://www.sfgate.com/cgi-bin/blogs/dailydish/detail?entry_id=60988


[6]

http://www.aolnews.com/weird-news/article/steve-wynn-calls-his-divorce-most-expensive-ever/19433852




[7]

http://news.oneindia.in/2010/04/09/tigerwoods-relationship-with-wife-gettingworse.html




[8]

http://www.totaldivorce.com/process/requirements/waiting-period.aspx