Despite common misconceptions, divorce proceedings are controlled by the couple involved rather than in the courtroom. Contrary to popular opinion, not all divorces need to end up at court. There are plenty of other manageable and simple solutions that do not require the hiring of lawyers or attorneys. Listed below is some basic information about filing for a divorce.
The court will only grant you a divorce if the judge is in agreement. Both you and your partner will need to show reasons for divorce and proof that your marriage is truly over. This can be demonstrated by a number of ways, such as adultery by one of the partners. Unreasonable behavior is also a good reason, which is a behavior that makes it impossible for your spouse to live together. If one partner has deserted the other for over two years, it also provides valid grounds for divorce proceedings.
Getting divorced can be complicated, so you will need to hire a lawyer who knows about these types of proceedings. During the first step, you will serve a petition to divorce with your partner, and the partner will then have an option to accept or refuse it. The court may also ask you to provide additional information. If you have children, the court will also examine the situation and work out arrangements for the children. This will include where they will live and the amount of contact they will have with the non-residing partner.
Once the judge has gone through all your papers and decided you have proper proof, the divorce proceedings may begin. You will probably have to attend court, but some divorces can happen completely via post. The last step involves an absolute decree, where you are freed from your marriage and able to re-marry at will. A court will only grant this decree once all the arrangements are in order.
Not all couples require a solicitor to get a divorce, but these people can make the task much less complicated. Solicitors are an excellent source of legal advice if your partner does not agree to the divorce or if you are unsure of the terms outlined during the legal proceedings. Many cities have organizations that can help you find a solicitor. This process is sometimes necessary if the couple has children, because it can turn into a complex problem if both sides donât come to a proper solution. At the court, the childrenâs needs will always be the main focus, regardless of other factors.