Getting a divorce can often be a lengthy and complicated process involving mountains of paperwork, legal fees, and lots of waiting around. For some couples, the idea of finalizing their split in just one day seems too good to be true.
So is it actually possible to get divorced in a single day? The short answer is yes, it is possible under certain circumstances and in some locations. However, there are a lot of factors to consider before attempting an express divorce.
Requirements for a One Day Divorce
Here are some of the key requirements that need to be met in order to get a divorce finalized in just one day:
- Both spouses must agree to the divorce and terms – If one party contests the divorce, it cannot be completed in a day.
- There are no children from the marriage – If the couple has kids together, additional steps like custody agreements need to be handled before the divorce is finalized.
- Minimal assets and no real estate – Dividing substantial assets or property takes time. The marital estate should be straightforward.
- Short marriage – Most states that offer single day divorce require the marriage to have lasted less than 5 years.
- State residency requirements are met – The state must have jurisdiction over the divorce, often requiring 3-6 months of residency.
Additionally, some states allow online divorce applications which can speed up the process versus in-person filings.
How Does a One Day Divorce Work?
The process works differently depending on the laws of the state, but generally involves:
- Filing the divorce paperwork – This includes the petition for dissolution, financial affidavits, settlement agreement, and any other required divorce forms.
- Attending the court hearing – The judge will make sure all paperwork is in order and requirements are met, and formally grant the divorce.
- Receiving the final judgment – The court issues the divorce decree effective immediately.
Many states require a waiting period between the time of filing and the court hearing, but some do allow both steps to happen on the same day in uncomplicated cases. The key is having all needed documentation prepared in advance.
States That Allow One Day Divorce
Currently, these U.S. states offer the option of getting divorced in a single day in certain qualifying circumstances:
- Alaska
- Arkansas
- California
- Connecticut
- Delaware
- Florida
- Georgia
- Hawaii
- Illinois
- Iowa
- Kentucky
- Maine
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Virginia
- Washington
- Wisconsin
- Wyoming
Requirements and restrictions vary somewhat state-by-state. Consulting with a local divorce attorney is the best way to verify if you qualify for same-day divorce where you live.
Cost of a One Day Divorce
The costs for a one day, uncontested divorce typically include:
- Court filing fees – Usually $200-$400
- Service fees – $20-$100 to serve divorce papers to your spouse
- Attorney fees (optional) – Hiring a lawyer to handle the paperwork will cost $500-$2000+ depending on experience and location
Doing the divorce pro se without any legal representation can reduce the total fees to under $500 in some states. However, having a lawyer guide you through the process is recommended to avoid errors.
Average Costs by State
| State | Average Cost |
|---|---|
| California | $500 |
| Florida | $400 |
| New York | $950 |
| Texas | $300 |
Costs vary based on if you use a lawyer and your county’s filing fees. Simple no fault divorces tend to have lower costs overall.
Pros of a One Day Divorce
Here are some potential advantages of getting divorced in a single day:
- Speed – For couples who agree their marriage is over, they can finalize it and move on with life quickly.
- Lower legal fees – Less time spent on the divorce equals lower attorney bills.
- Emotional benefits – Ripping the bandage off fast can help both spouses heal and recover.
- Incentivizes cooperation – Both parties have to work together to make it happen this fast.
- Avoids court delays – Many divorces get hung up waiting for crowded court calendars.
The quick and amicable nature of a 1-day divorce can be ideal for couples who know their relationship is done and want to legally end it with minimal stress and cost.
Cons of a One Day Divorce
However, there are also some potential downsides to consider:
- Less time to reconsider – For marriages that could potentially reconcile, rushing can be counterproductive.
- Need for compromise – To agree on everything in 1 day often requires concessions most wouldn’t make with more time.
- Questions about asset division – Splitting everything equitably in a rush may overlook important details.
- No buffer for emotions – Divorce stirs up emotions, and going too fast doesn’t allow working through them.
- Risk of missing issues – Important concerns like alimony or custody may be glossed over in the speedy process.
While fast, one-day divorce has its advantages, it can also lead to poor decisions or overlooked concerns in the haste. For many couples, taking a bit more time makes sense.
Questions to Ask Before Attempting a One Day Divorce
Couples considering a single-day divorce should reflect on questions like:
- Are we making this decision rationally or out of intense emotion?
- Have we tried marriage counseling or a trial separation first?
- Do we have children or shared property that need special attention when dividing?
- Is either spouse hoping for reconciliation eventually?
- Are we ready for all the paperwork, or do we need help from attorneys?
- Have we thought through the legal and financial consequences fully?
- Would more time allow us to reach a fairer settlement agreement?
Having honest conversations about hopes, priorities and readiness can clarify if an express divorce is sensible or if more time is needed.
How to Prepare for a One Day Divorce
For couples who decide to attempt getting divorced in a single day, preparation is key. Here are some steps that can set the stage for success:
- Consult attorneys – Meet with lawyers for both spouses to review state laws, paperwork requirements, and qualification criteria.
- Get organized – Gather tax returns, account statements, deeds, investment records, and other financial documents.
- Discuss division of assets – Determine an equitable split of savings, property, retirement funds, debts, and personal property.
- Draft settlement agreement – Lawyers should help craft a detailed marital settlement addressing all asset division, spousal support, etc.
- File paperwork – Submit all completed forms to meet any waiting period deadlines prior to the court date.
- Line up childcare – If you have kids, arrange for them to be cared for on the day of the divorce hearing.
- Gather final details – Have copies of driver’s licenses, marriage certificate, and anything else the court requires.
With upfront planning, information gathering, legal guidance and communication, getting divorced in a single day can be achievable.
What Happens After a One Day Divorce?
After the judge grants the divorce decree, the marriage is legally terminated right away. However, there may still be additional steps required such as:
- Changing names – If reverting to a maiden name, file copies of the decree with agencies like the DMV and Social Security Administration.
- Updating finances – Close or divide joint bank accounts and credit cards, transfer titles for property and vehicles, change beneficiaries, cancel shared insurances, etc.
- Tax considerations – File taxes separately going forward. Changes in deductions, credits, etc. may need addressed.
- Sort personal property – Retrieve belongings and divide up furniture, jewelry, and other personal items per the settlement.
- Moving out – If one spouse needs to vacate the former shared home, make arrangements to do so smoothly.
Adjusting to being single again after an express divorce involves the same practical and emotional steps as any other divorce. The main difference is that legal freedom comes much more quickly.
Finding Support After a Fast Divorce
Despite being faster, one-day divorces still represent the end of dreams, hopes and a shared life together. Having emotional support can ease the transition.
Sources of support to consider include:
- Therapy or counseling
- Divorce recovery groups and workshops
- Friends and family members
- Religious or spiritual communities
- Online divorce support forums
Don’t underestimate the value of talking through feelings with others who understand. Practical assistance like childcare, meals or even just someone to vent to also helps buffer the stresses following an express divorce.
Conclusion
Yes, getting divorced in a single day is possible, but only for a minority of couples with uncomplicated cases. Where available, it can be a faster and more amicable option compared to drawn-out divorce proceedings.
However, couples should carefully weigh the pros and cons first. Attempting an express divorce requires meeting strict legal requirements, total cooperation, compromises and often professional legal help to finalize.
While the idea of undoing a marriage in just 24 hours may seem like a dream come true after years of relationship struggles, in reality one-day divorce involves sacrifice and preparation. Working thoroughly through practical and emotional complexities ahead of time is key to ensuring express divorce delivers the closure and relief desired.