How long do you have to wait for a divorce? This question varies based upon the type of divorce that you are seeking. However, the wait time for an irretrievable breakdown, no-fault divorce, also known as a Section 3301 D divorce, just got shorter. In October, Gov. Tom Wolfe signed a bill that reduced the amount of time the parties have to be separated to just one year, instead of two years.
Where the parties have lived separate and apart for at least ONE year and one spouse files a complaint and affidavit stating that the marriage is irretrievably broken, the court may grant a divorce. This is for all separations that begin after December 3, 2016. All separations beginning before that date will continue to follow the two year rule.
Aside from reducing the amount of time a party had to wait to divorce from the uncooperative spouse, this can also affect spousal and alimony pende lite payments. Before, the non-paying spouse could almost force the paying spouse to wait two years for a divorce and continue to receive payments. This time is cut down to half. Of course child support payments could persist.
Separate and apart does not necessarily mean living separately, though that is an easy way of showing the parties have separated. There are defenses to spousal support and alimony pende lite payments. There are other types of divorces, such as fault or mutual consent. If you would like more information or wish to discuss your case, please contact us for a consultation.