My partner is entering into a Bed and Board Agreement, how long does it take for a final divorce once either party decides that's what they want?
Question Details:
My partner is entering in a Bed and Board agreement because of COBRA costs for his spouse. We will be getting married at some point. The agreement is that he currently is assuming the insurance premiums. If he decides he wants to finalize the divorce, he will assume the remaining 3 years of what will become COBRA. When we announce we are getting married, how long does the process to finalize the divorce and what actions/steps are involved and how long does it take? Thank you.
After a Judgment of Divorce or Judgment of Divorce from Bed and Board has been entered, any time a litigant wishes to seek any new relief from the court or a modification of that prior Order, the individual must file a Notice of Motion with the court (this is considered a post-judgment application). Typically, a Notice of Motion is heard on a 24 day calander cycle. That means that the individual must file his/her Notice of Motion, with supporting papers, with the court and serve a copy of the same on the oppossing party at least 24 days before the next Motion day (which are generally set on every other Friday). Between the reality of filing/serving the papers and coordinating with the court's calander I would advise that you anticipate a minimum of 45 days from when you draft/file the paperwork before the same will be addressed by a Judge.
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Kenneth A. White
Shane and White, LLC
1676 Route 27
Edision, New Jersey 08817
