The fastest way to get a divorce is for both people to come to an agreement on everything and file a divorce petition divorce and joinder (legal agreement stating you are both on the same page). Both parties must agree on assets, debts, and spousal maintenance. If you and your spouse have children, you also have to agree on a parenting plan and child support. You must use the mandatory forms to file a divorce, which can be found online.
If the two of you are in agreement on all of the issues, you can simply file the agreed petition for divorce, wait 90 days, and ask the court to “enter” the agreed final orders. If you have followed the correct court procedures, your agreed orders will be signed by a court commissioner or judge, and filed with the court clerk. When the agreed final orders are entered, you are divorced.
Mediation As A Solution For Disagreements
If you cannot come to an agreement, file the proper forms, or follow the correct procedures, the court will not grant a divorce, and you will have to go to trial. The trial date set by the court will occur about a year after the petition is filed. At trial you will have the opportunity to testify, call witnesses, and present documentary evidence. This can be expensive and time consuming.
To break this logjam, mediation is often the answer. When you cannot agree on everything, mediation is usually the fastest way to get a divorce. A trained mediator can help both of you identify the legal issues in your divorce, come to an agreement, understand the required forms, and follow the proper procedure to get your agreed orders accepted by the court.
The bottom line: if you cannot agree, mediate.