Monday, June 28, 2010
Sandra's Divorce is Final
SANDRA BULLOCK OFFICIALLY DIVORCED
Sources tell TMZ both Sandra and Jesse signed the final documents last week. Sealed documents have been filed with the clerk's office in Travis County, Texas -- sources tell us they are the papers making the divorce final. Sandra filed for divorce back on April 23, saying the marriage "has become insupportable because of discord or conflict of personalities."And sources say the divorce clears the way for Sandra to complete a single parent adoption.
How did it happen so fast?
The divorce is filed in Texas, which has a 60-day waiting period for divorce. Compare this to California's 6-month waiting period. Florida has a 20-day waiting period. New York does not have a waiting period.
Note that this "waiting period" in California is a cooling-off period, mandated by the Legislature. No divorce filed in California can be finalized (Judgment obtained) prior to six months from the date the other party was served.
Also note that the waiting period is a "minimum" period. Should the divorce be litigated (and many divorces are!), the issues can take many YEARS to resolve.
So here is another logical question - why doesn't everyone just file for divorce in a state that doesn't have a cooling off period?
Answer: You can only file in your chosen state if you fulfill residency requirements. In California, you may file here if you have resided in the state for 6 months, and the county in which you wish to file for 3 months. In Texas, same - 6 months. In Florida, same - 6 months. In New York, you can file if: 1) The parties were married in the state and either party is a resident thereof when the action is commenced and has been a resident for a continuous period of one year immediately preceding; 2) The parties have resided in this state as husband and wife and either party is a resident thereof when the action is commenced and has been a resident for a continuous period of one year immediately preceding; 3) The cause occurred in the state and either party has been a resident thereof for a continuous period of at least one year immediately preceding the commencement of the action; or 4) The cause occurred in the state and both parties are residents thereof at the time of the commencement of the action; or 5) Either party as been a resident of the state for a continuous period of at least two years immediately preceding the commencement of the action.
Moral of the story: You can get married anywhere. Divorce is a bit trickier.
Get a prenup.