Question: I recently filed for divorce, and now I have a fiancé who is pregnant with my child.
We’d like to be married before the baby is born, so is there a quick way to finalize a divorce?
Don’t some states have finalization rules that allow the divorce to be final in as few as 10 days?
Answer:
Each state has different provisions which control the rules and procedures for divorce. I do not practice in your state. Therefore, you should contact a domestic litigation attorney licensed in Missouri immediately. Cordell & Cordell has many attorneys licensed and located in Missouri who would be happy to assist you.
Many states have a statutory waiting period which require the parties to wait a certain amount of time after filing for divorce before the divorce can be finalized. For example, in Wisconsin, we have a 120 day waiting period after the Respondent was served. This does not mean that the parties get divorced on the 121st day. Even if the parties have an agreement, the Court’s calendar dictates when the parties can be divorced. This could mean the parties would have to wait weeks to get a divorce hearing because the Court has so many cases.
In addition to a statutory waiting period for divorce, some states have a statutory waiting period post-divorce where the parties cannot marry another person. For example, in Wisconsin, neither party can marry another person, in Wisconsin or anywhere else in the world, for 6 months after the final divorce date. If either party marries another person during that time, the marriage is void in Wisconsin.
Because these statutes are state specific, you need to contact a domestic litigation attorney in Missouri right away.
Erica Christian is an Associate Attorney in the Milwaukee, Wisconsin, office of Cordell & Cordell, P.C. She is licensed to practice law in the state of Wisconsin. She is a member of the Wisconsin Bar Association, the Family Law Section and the Children’s Law Section.
