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Quick Action Necessary In Divorce Emergencies

In most divorce cases that involve children, a need might arise to get a divorce immediately. This could be due to the fact that the father is abusing the children, and the mother realizes that there is a need to file for an emergency divorce. In other cases, the wife may decide to file for emergency divorce if she finds out she is pregnant with another man, or if the man finds out that the other woman is pregnant.

In an emergency divorce case, both parties have to act quickly, especially when child custody is involved. Women going through a child custody dispute may also decide to file for an emergency dispute to speed up the process. Women who fail to show clear evidence of the father abusing the children may also decide to go through an emergency divorce to protect her children. In some cases, the need to file for an emergency divorce may increase especially if the mother was not able to get the custody in the first place due to any odd reason. In such situations, the court may order the children to be given in the custody of the father, which could be harmful for the children.

Women who want a speedy divorce can consult a divorce lawyer in their area. The cost to file for an emergency divorce may be high, but it can save you from a lot of trouble later on if the father got the custody of the children. A regular divorce takes at least 60 days, where the court waits for this period to pass after the filing of divorce before any hearings are held. At any time, a regular divorce case can be changed into an emergency divorce by filing a motion. In cases where an emergency exists, the divorce case can be heard immediately. The person filing for divorce can also request for an emergency in their petition when they file for divorce.

Cases where 60 days is too long, an emergency divorce is the best alternative over a regular divorce. However, the petitioner needs to provide relevant evidence to back up their allegations and the court then sets a hearing to rule whether the emergency is valid or not. At this hearing, the petitioner must be prepared to provide proof to the court regarding the circumstances to speed up the divorce process. Cases where the petitioner is able to persuade the court that the situation is really an emergency, the judge may decide to hear the case right away. In some states, the emergency divorce determination hearing date is notified to both parties at least seven days beforehand to give time to both spouses to prepare.

In most states, judges also have a broad discretion when it comes to deciding what qualifies as an emergency. For example, if the court finds out that one spouse was the victim of domestic abuse, the court will be quick to pass the final verdict.

Whatever the case, you should get in touch with a divorce attorney to discuss if you may qualify for an emergency divorce.

 Author:

Matthew L Nebeker Attorney At Law  

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