Divorce timeline

[POA 178]

I've been posting a lof for a lot of friends this past days.

I know some might think it is just me and not friends but would really appreciate any answer. I am not even sure if I am posting in the right forum.

Well, here's another situation, my friend and her USC bf from Clinton, MD wants to be together. They want to be engage and get k1 for her however he is still in the process of his divorce since 2012 (as I could remember) before me and my husband even got married. They've been together for more than 3 years and he visits her a lot

Until now, he is still in the process and she was told by her bf that he needed to refile the divorce since his mother forgot the dates of the initial submission.

According to her, her bf and the wife are not reach and shared custody. They don't have a private lawyer that is why it's taking so long

Just want to know if there is anyway to help her bf find the dates of the submission to get his divorce done.

Can the divorce really take that long?

Or any ideas regarding this situation.

Thanks

[NikLR 13,234]

~~moved to K1 from K3 progress reports~~

[Transborderwife 4,666]

Divorce in MD is a lot like divorce in canada where unless you're filing on grounds of mental cruelty, adultery or desertion there is a mandatory 1 year separation period before a divorce can even be filed. Divorces with custody issues often take a long time as well. So yes, it's entirely possible.

He should be able to call the courthouse or go Into the courthouse where divorce petition was filed and request a copy.

Edited November 26, 2014 by Transborderwife

[Darnell 8,479]

duration from filing to granted varies by state .

since neither are using a lawyer, i'll assume that the petitioner (of the divorce process,not the k-1 process) has not got on the judge's court calendar for hearings - things like:

1. temporary orders

2. custodial orders

3. prove up and then

4. agreed divorce decree.

if the petitioner not request calendar action, well the case just sits there, no movement. These things are usually necessary when there are children involved.

of course, this USC boyfriend cannot file the I-129F petition until he is legally free and able to marry - some states have a waiting period after #4 is issued.

Edited November 26, 2014 by Darnell

[Penguin_ie 6,000]

The dates/ delay is possible, especially if they disagree on custody. However....

Why does his mother need to remember his divorce, why does he not remember himself? If anything was filed. he needed to do so, not his mother, since he is an adult. They should be able to look it up if they can at least remember which court it was field at.

[Hank_ 9,174]

I've been posting a lof for a lot of friends this past days.

I know some might think it is just me and not friends but would really appreciate any answer. I am not even sure if I am posting in the right forum.

Well, here's another situation, my friend and her USC bf from Clinton, MD wants to be together. They want to be engage and get k1 for her however he is still in the process of his divorce since 2012 (as I could remember) before me and my husband even got married. They've been together for more than 3 years and he visits her a lot

Until now, he is still in the process and she was told by her bf that he needed to refile the divorce since his mother forgot the dates of the initial submission.

According to her, her bf and the wife are not reach and shared custody. They don't have a private lawyer that is why it's taking so long

Just want to know if there is anyway to help her bf find the dates of the submission to get his divorce done.

Can the divorce really take that long?

Or any ideas regarding this situation.

Thanks

Only thing that is important for filing the K-1 is the final divorce decree, not free to marry can't file.

They are still in the middle of the divorce and don't the dates or have any documentation on the process that shows dates? Yikes ~

[Sirliner 26]

How long it takes to get a final judgement depends on the circumstances of the case. Simple cases with little martial property and no children may take only a few weeks. If the the two parties cannot agree on terms, especially if children are involved, the divorce can take more than a year.

[POA 178]

Thanks for all your responses. They all help and told my friend about it. She feels there is an issue her bf isn't saying and just came up that the wife wants to fix it with him and not continue with the divorce. I told her about everything you replied and she talked to her bf but it seems they got into argument.

Thanks all again!

[Darnell 8,479]

ya, if'n he was hiding something,

then the FACTS that we presented here, on how to handle a divorce,

would make him upset,

and I could understand why an argument would ensue.

as to the wife wanting reconciliation, IMO that's actually a good thing, for the couple. (no, not your friend, however)

Edited November 27, 2014 by Darnell

[POA 178]

ya, if'n he was hiding something,

then the FACTS that we presented here, on how to handle a divorce,

would make him upset,

and I could understand why an argument would ensue.

as to the wife wanting reconciliation, IMO that's actually a good thing, for the couple. (no, not your friend, however)

That's true. My friend told him to try it and reconcile with her but he said he didn't want to. My friend just feel like if he didn't want to reconcile why won't he push for the divorce for them to be together, here or in the ph. But he just said he doesn't know so my friend is kinda thinking now if she would wanna stay in the relationship or not since she is now doubting in the situation.I told her that he might be thinking twice too if he would reconcile or not. She said as per the kids, they seem to have an agreement. But maybe there is really something that he didn't wanna say.

Thanks Darnell!

[Darnell 8,479]

kids - probably temporary orders for child support

why not to divorce? probably fear of spousal support payments, more money, so he probably delayed his actions and filings for fear of paying monies.

as to your friend, her choices, her decision - would she want to hang out, be married, to a fella that actively chose not to finalize a divorce because of money problems?

[POA 178]

kids - probably temporary orders for child support

why not to divorce? probably fear of spousal support payments, more money, so he probably delayed his actions and filings for fear of paying monies.

as to your friend, her choices, her decision - would she want to hang out, be married, to a fella that actively chose not to finalize a divorce because of money problems?

That's really helpful and very possible. I will tell her that too. That is something that I never thought. Yeah, she said she is kinda weighing things out since they have been together for a while and see if he makes any action regarding it.