Why Do Divorce Waiting Periods Exist?
If you want to get divorced, you can’t go out and make it happen that day—there are mandatory waiting periods in place that you’ll have to weather before you’re able to make it official. But why do these waiting periods exist?
Here are a few of the biggest reasons:
- Possibility of reconciliation: Many states with waiting periods have them in part because it allows spouses to take some time to seriously consider their divorce before finalizing it. This allows for a final opportunity for reconciliation. Reconciliation efforts might not be reasonable in all cases, such as if there is abuse or abandonment, but the waiting period then does allow you to focus on getting the help you need to move forward.
- Investigations: There needs to be a certain period of time reserved for financial investigations. The discovery process involves gathering as much information as possible about each spouse’s bank and credit statements, tax returns, vehicle loan information, mortgages and any other accounts or investments they have. Investigations may include interviews, subpoenas and appraisals, all of which can take time to receive or arrange.
- Children: If there are children in the picture, the waiting period helps to find housing, childcare providers, visitation schedules and deal with any other issues relating to their welfare.
- Preparation for trial: If the case does not settle, the waiting period also allows for the court to schedule your trial and for the trial to proceed.
For more information about the factors that go into how long it takes for you to get through the divorce process, we encourage you to contact our Long Island divorce lawyers at Bryan L. Salamone & Associates.