Expedited Divorce in the Instance of Domestic Violence
Interviewer: If there’s domestic violence going on, can you get a fast divorce or emergency divorce?
Anitha Johnson: No, there is still not an emergency divorce, though I have to check that one. There is cruelty of treatment, which is also hard to prove, and I’m not sure if there’s a one-year waiting period for that.
Interviewer: What if someone actually files an order of protection and there really does seem to be domestic violence? Are there provisions for that to get a divorce immediately or faster?
Anitha Johnson: I believe so. I’ll have it looked it up. I should know that.
Interviewer: Okay, we’ll make a note of that after you check and you let me know. We’ll put it in the transcripts here.
Anitha Johnson: Okay.
Other Grounds for Divorce
Interviewer: Any other misconceptions?
Anitha Johnson: I think I should finish with other grounds for divorce.
Interviewer: Sure, sorry.
Anitha Johnson: If the person is insane, a permanent and a terrible insanity is a ground for divorce. There still must be twelve months of separation. I’ve never even seen that one used much because it has to be a serious mental issue like insanity. It has to be something permanent, and the person has to be either confined to a mental institution or have at least have two physicians who could testify that this person has a permanent insanity.
Conviction of a crime: if the spouse is sentenced to serve three years in jail and at the time of the filing the spouse has been imprisoned for at least twelve months. So you can file for desertion.