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During a divorce, if both parties want to set a future date as the divorce date - is that possible?
Anonymous8 views3 answers
We are about "halfway through" the divorce procedures, but we would like to meet with a mediator to work some things out. At that meeting(s), would it be possible for us to ask the mediator to work into an agreement that we prefer the divorce (and child support, spousal support, etc) to start as of the divorce date...and give the mediator the divorce date we have in mind?
For example, if it's likely our divorce will be final around aug/sept but we actually don't want it final until December 1st, can the mediator put this in writing and will the court honor this date? And will any child/custody payments start first then?
The court, and only the court, selects your date of termination of marital status. Once you submit your final judgment paperwork, you will leave that blank and the judge will fill it in once your judgment has been processed and signed by the judge. That could be months after you submit the final paperwork with the court, but it will not be earlier than at least 6 months and 1 day after the responding party was served with the petition for dissolution. That being said, you can agree and your judgment can state a specific date on which support will begin, regardless of what the date of entry of judgment will be.
The dissolution of marriage cannot be granted until 6 months after the date of service of the petition on the Respondent. Most courtrooms and judges will count 6 months and one day from the date that the Respondent was served with the petition papers and use that date as the date of dissolution of marriage.
Regarding the starting date for spousal support/child support, you may choose whatever date that both parties agree and include it in your agreement.
As to the actual date of divorce, you can time the submission of the judgment to include the date but there is always a possibility that the date will go past your desired date. Why are you waiting for a delayed divorce date? Child custody and support payments should start now and you must have orders in place in order to submit a divorce judgment. You can agree that child support will start at a certain date.
