Lois & Clark Forums Forums Fan Fiction Fanfic Related I have a few questions . . .

Okay, these questions ARE fanfic-related, but they're not LNC fanfic-related.

BUT, since the fandom the questions ARE related to might not even BE a fandom yet (it's a show currently in the middle of it's first season), I don't know where else I might get answers to these questions.

And besides, this fic that the questions are for is keeping my muse from letting me write chapter six of The Pitfalls and Pleasantries of Kryptonian Multiplication, so really, getting the question answered ASAP will help me to get back to PPKM just that much faster.

Anyway, on to the questions. I know there might be differences in answers depending on each state (I'm only looking for answers based in the States), but please do answer as generally specific-like as you can.

1. Does a divorce cost money, or just a divorce attorney?

2. Is a divorce attorney a required part of filing for divorce, or can you just get the paperwork somewhere, fill it out, mail it somewhere else, and then wait for some official notice that you're actually divorced?

3. About how long would it take for a divorce to be finalized, provided the divorce itself was a whole lot more amicable that the marriage, and both parties had no trouble agreeing to be divorced an to the stipulations and details of said divorce?

Not being married myself (an planning to stay that way once I am), I know next to nothing about divorce, so I'd REALLY appreciate if someone could answer those three questions so that I could write this fic and get back to my LnC fic writing.

I don't know the answers to any of these questions, being a happily married first and only timer, but I am curious as to the series you are watching?

James

Since my understanding of U.S. laws on marriage and divorce is that they are the responsibility of the individual states, your question should probably be more specific if you want an accurate answer. In other words, what State do you need an answer for?

I could answer you for Canada, but since you specify that you only want to know U.S. law, I'm afraid all I can say is that you need to give the specific state you want answers for.

ML

I think they both cost money, Darcy, because in some places you can get the divorce without the lawyer - but you still have to pay for it.


Depends on the state. Some states are divorce friendly. Some aren’t. I know that a long time ago, it was down right near impossible to get a divorce in the state of New York if one of the parties contested. That happened to my cousin about 30 or more years ago. The creep walked out on her, but he wouldn’t give her a divorce. I’m thinking I’ve heard folks say stuff about a ‘quickie’ divorce that’s available in some states. Nevada maybe?


No clue on this one.


If you are writing about a divorce in New Troy, you could do whatever you wanted.

Now you have me reall intrigued about the next part of Multiplication.

Mine had taken about 9 months. But that is the state of Georgia. If you don't have a lawyer there is at least a filing fee.

Ah, but in the series this story is for, New Troy doesn't exist.

And to answer James's question, it's The Class.

And ML, I don't know what state they're in.

suez, any idea about how much that filing fee would be (just a ballpark number would do)?

Ah, yes, you did say it was keeping you from writing the next chapter.

Amicable divorces depend on the parties, usually. My parents started divorce proceedings in July, I believe, and it was finalized at the end of October of the same year. So that was 3 months. This was in Indiana. My father's second was about the same amount of time, maybe 5 or 6 months, in Pennsylvania, which is probably what you're looking for. (If I remember correctly, The Class takes place in Philadelphia.) The only thing that dragged was the custody proceedings.

Found a website that says this:

I don't see anything about legal representation or fees, though.

Wow, thanks, Karen! That site's really helpful.

I live in Oregon, and here you don't need an attorney to get a divorce if you know how to do it yourself. The filing fee is around $350, last time I heard.

The Petitioner files the paperwork, serves the Respondent, and the Respondent has 30 days to contest. If the respondent doesn't contest, then you file the paperwork for a default order and the divorce will be final in three months (I think it's three months). It's been a few years since I went through it, but if I remember correctly, that's how it goes in Oregon. You can also ask the court to wave the three month waiting period, but I don't know the details about that as I have no experience with that part of the process.

Hope that helps.

Yup, that helped too. Thanks.

Unfortunately, I just lived this, so I know more than I wish I did:

Both. There are court fees to pay ($150 for a dissolution in Ohio,iirc). You don't need a lawyer, but it is in your best interest to have one. This can run you ALOT of money depending on how the divorce goes through. My attorney charged me a retaining fee. At the end of it all, he added up all his hours and would have charged me more had he needed to spend more time on my case. A dissolution (where both parties agree) is quicker and cheaper. A full-fledged divorce can be quite expensive as it takes longer. My ex was charged a smaller retaining fee by his attorney and then charged by the hour.

Not quite sure if you could just file without a lawyer. As I filed first and my attorney wrote up all the paperwork, my ex had the option of not having a lawyer and just signing the paperwork. As to simply mailing it in: No, don't think that's possible. We had to appear at parenting classes (and show the certificate to the court) as well as appear before a magistrate and verbalize that we did indeed want a divorce and that no one was coercing us into it. (This appearance lasted less than 15 mins.) The paperwork was mailed to us after that.

Had either party opted to contest the divorce, that simply would have meant a full-fledged divorce rather than a dissolution. Way back before all the "no-fault" laws were passed, one party could contest a divorce and that would stop it.

Amicably in Ohio (and a few other midwest states): A dissolution is what would happen between two agreeable parties (even with kids involved). After a dissolution is written up (took about 1 wk?) and both parties sign, there was a 45-60 day mandatory waiting period in which the parties have time to decide if this is what they truly want. They essentially took the date the paperwork was received , added 30-45 days to it. Whatever was the next open court date (to stand before the magistrate) was the date of the divorce. For me, this was about 75 days after we filed. The papers were stamped the day after and sent to me 1 wk later.

Having a child didn't slow anything down, imo. There are several standard rules associated with divorce including calculating spousal support, child support, visitation, etc.

It was cheaper and took less time to get the marriage license, plan the wedding and get married than to get the divorce (I may have filed, but it wasn't my choice in this case.) Since we weren't all that amicable (over $$ and stuff of all things!), that added over 3 months to the ordeal.

Not something I would recommend to my worst enemy.

Jo

I'm sorry to hear that. Thanks for sharing the information.

When I was a teenager centuries ago we had a neighbor who had gotten divorced. She and her husband had agreed to leave the lawyers out of it so it would stay amicable. Well she showed up in court alone and he showed up with a lawyer. I don't know all the particulars but she wound up with next to nothing and hardly any child support for 4 kids. I think she was so shell shocked that he showed with an attorney that she didn't do any protesting about what she would get she wasn't contesting the divorce.

Like I said I don't know the particulars but after hearing that I would never do a divorce without an attorney.

That's horrible Kmar! Poor lady.

My mum got a divorse when I was in elementary school.

Great pointers up above. I'll just add stuff, maybe it could be of help... Here\'s a Canadian spin on things.
Maybe this could be helpful? Guidelines for Child Custody Evaluations in Divorce Proceedings
I often compare New Troy to New York. Perhaps this could be useful.

Happy writing.