T.R | Title | User | Personal Name | Date | Lines |
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245.1 | The State of Divorce | KRAKEN::HUNZEKER | Bill Hunzeker | Sat Mar 14 1987 14:01 | 17 |
| Much depends upon the state in which they claim residence. The
last time I counted 40 of the 50 states had 'no-fault' laws and
in most of these a divorce can be obtained in less than eight months,
especially if the custody (if any) and property can be settled by
the participants rather than by a court.
In NH, for example, it takes betwen 4 & 8 months to complete the
process and it is final at the end of that time. Some other states have
a waiting period a/k/a 'cooling off' period which could push your
friends' actions out beyond the end of the calendar (tax) year.
Best advise them to check their own state laws.
I believe it is still possible to get a non-resident divorce in
Nevada in ten days or less, but one (or both) must be there to
accomplish it.
- Bill
|
245.2 | | QUARK::LIONEL | Free advice is worth every cent | Sat Mar 14 1987 21:14 | 12 |
| NH can be a lot quicker than 4-8 months for an uncontested
divorce. If you do things right, it could be as little as two months.
However, I've seen ads for "quickie divorce packages", which include
plane fare to (and from) some locale where there is no waiting
period - often some Carribean island. These usually require both
parties to be present.
I hope though that this couple at least understands that one or
the other of them may lose significant legal rights if they
insist on a "quickie" divorce.
Steve
|
245.3 | | COVERT::COVERT | John R. Covert | Sun Mar 15 1987 21:42 | 3 |
| Can you dig up one of those "quickie divorce" ads?
/john
|
245.4 | What kind of "significant legal rights"? | YODA::BARANSKI | Searching for Lowell Apartmentmates... | Mon Mar 16 1987 12:59 | 0 |
245.6 | | QUARK::LIONEL | Free advice is worth every cent | Mon Mar 16 1987 13:42 | 20 |
| Re: .4
By loss of significant legal rights, I meant that if one simply
ends the marriage with no written agreement about division of
assetts, custody (if applicable), etc. one of you may regret it
later. Perhaps the couple have no significant assetts and have
equal earnings, but I would be very hesitant to end a marriage
quite so simply.
My own marriage ended cleanly compared to most (in the financial
sense, not emotional), and I realize I would have perhaps missed
a lot if I had not had an experienced lawyer watching out for my
interests, thus my hesitation at recommending "quickie" divorces.
But I suppose if the marriage was short-lived and there was nothing
really to split, it might work out ok.
If I ever run across one of the ads again, I will post something
here, but it's not something I go looking for!
Steve
|
245.7 | This sounds good: | COVERT::COVERT | John R. Covert | Mon Mar 16 1987 21:20 | 32 |
| Call Fresh Pond Travel in Natick. They have a package to Haiti that
includes a very pretty hotel, (Petite Caribe in Petionville, just
outside of Port-au-Prince), airfare and legal services of a riot of
a lawyer named "Buddy".
I went with a divorcing friend before the fall of Duvalier while the
country was still peaceful. Friends of mine have gone since and stayed
in a Holiday Inn and never ventured outside. I was a wide-eyed tourist
and we even picked up a local who took us to a REAL Voodoo ceremoney, (NOT
a 'show'), which turned out to be a celebration of "The Day of the Dead",
(November 2nd)! It was scary but GREAT!
The cost of the entire thing, (except rum punches!), equaled the cost of
divorcing in Massachusetts and waiting the ridiculous amount of time they
want you to. In Haiti, you are divorced when you sign. Buddy will marry
you immediately following the divorce if you are so inclined!
Both parties do NOT have to be present but the one getting the divorce
must present legal papers giving him/her power of attorney. In an
amicable divorce, (as this one was), there is no other way to go!
Fresh Pond also has packages to the Dominican Republic, but everything is
MUCH more expensive than Haiti. If your friend is nervous about the state
of Haiti these days, it might be worth it.
Good luck to your friend and if he/she goes, tell him/her to look up
occasionally. Big spiders build huge webs between the trees, some even
spanning the street! And NEVER go barefoot in a tropical country!
Cheers,
Anon
|
245.8 | | QUARK::LIONEL | Free advice is worth every cent | Mon Mar 16 1987 22:10 | 5 |
| Re: .7
I think I'd stay well away from Haiti...
Steve
|
245.9 | Pro Sae Divorce in N.H. | ATPS::FODEN | | Mon Mar 23 1987 17:35 | 12 |
| The N.H. Bar Association can give you the address to send for the
PRO SAE (for yourself) Divorce kit.
However, they don't recommend it if you have property or children. We
have both, but are putting a lot of weight on mutual respect and
trust. I'll let you know how it comes out.
The kit seems to be very comprehensive and lists each step in the
process, provides templates of all paperwork (which you can type),
and lists the cost of fees. It certainly seems worth the $4 cost.
Alicia
|
245.10 | Phyllis knows what she's talking about | CURIE::LEVITAN | | Tue Mar 24 1987 14:21 | 11 |
| Contact Phyllis Eliasberg from Channel 7. I was present last
year for a talk she gave - her background is as a lawyer - and
while in California set up some legal clinics. I know she
mentioned divorce 'kits' - but I don't remember too much about
it. She's very warm, very knowledgeable, very sharp, and much
prettier (and pounds lighter) than on t.v.
No matter what you do, I agree that it's worth it for both of
you to have a lawyer look over all your papers before filing.
Good luck.
|
245.11 | tax status | GUMDRP::MCCLURE | Who Me??? | Fri May 15 1987 09:59 | 13 |
| This topic appears to be quiet now, but I'm catching up from my
short-term disability status.
If I read .0 correctly, the prime concern with speed is the tax
filing status at the end of the year. Even though I my divorce was
not final, my tax preparer stated that my filing status would be
'single' and not 'married-filing seperate', since the divorce had
been granted and we were seperated. This made me very happy! The
'married-filing seperate' category takes the biggest bite of all
the categories.
Bob Mc
|
245.12 | | COVERT::COVERT | John R. Covert | Mon Dec 21 1987 17:01 | 16 |
| Well, the friend in .0 just got back from a Fresh Pond Travel trip to the
Dominican Republic with signed divorce decree in hand.
He had returned from his overseas assignment, and both he and his (now ex-)wife
were living in Virginia, so last summer he filed for a divorce.
But there was no way it was going to be granted, under Virginia law. Seems that
Virginia requires two witnesses for each party that will certify that the couple
did not live together for six months prior to filing for divorce. The only
people that could provide that certification for him were 12,000 miles away.
So, off to the Dominican Republic. He thanks the person who provided the
information posted earlier, and recommends Fresh Pond Travel to anyone in
need of similar services.
/john
|