How to Get a Quick Divorce & Separate
Divorce laws vary by state. Community property states operate under the assumption that all marital assets are marital property and thus equally distributed. Equitable distribution states distribute marital property "equitably," or fairly. All property that has been "commingled" or combined and/or earned or acquired during the marriage is considered marital property and can be split during a divorce. If partners do not agree on a divorce settlement, proceedings can be long and drawn out, but with amicable partners, a divorce and separation can be done quickly, sometimes in as little as a couple months, depending on your state's divorce laws.
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Instructions
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Make a list of all marital properties. List all assets of the marriage including furniture, bank accounts, homes, cars, and any other property acquired during the marriage. Note that property acquired before marriage, such as IRA or 401k accounts, are usually awarded directly to the party who owned them before the marriage. Inheritances are also usually given to the party who inherited the property or money.
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Decide who should get what asset. Distribute property between parties. Make a list of what each party will get in writing and how much each asset is worth. This will need to be part of the divorce agreement. It helps to review the divorce laws of your state if you and your spouse disagree about asset distribution.
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Arrange a custody agreement, if applicable. If children are involved in the divorce, it is not necessary to fight for custody in court if both parties agree to a custody situation. Write it out, and include any child support payments and visitation time in the agreement.
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Fill out your state's divorce forms. Divorce laws for each state can be found online at: http://www.divorcesource.com/info/divorcelaws/states.shtml. If you wish to file for divorce without the assistance of an attorney, call the family court in your area and ask what forms need to be filled out (this procedure is different for each state). Some states require a mandatory separation time, whereas others do not. Consult your state's divorce laws.
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Submit all required information and forms to the family court in your jurisdiction, including your asset distribution and child custody arrangement. A lawyer is not necessary if both parties agree to all terms of the divorce. Sign and file all documentation with the family court. Paperwork does not need to be notarized or witnessed, but the court may require that both parties appear for a formal divorce proceeding. After the paperwork has been submitted, depending on the state where you filed, your divorce will be complete in one to six months.
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