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Steps To A Divorce

By Edited Nov 13, 2013 0 0

Steps to A Divorce

It's Not Easy to Handle the Steps To A Divorce

When two people get married, the last thing on their minds is taking the steps to a divorce, but destruction of marriage has sadly become a common reality in today's world. There are many reasons why people divorce, however it is always sad when the union of marriage comes to an end. Although marriage is generally thought of a lifelong commitment, this is often far from the truth.

If you have determined that divorce is your only option, then you really need to start taking steps to a divorce. Only then can you fully move on with your life. You may ask yourself, "How do I go about taking the steps to a divorce?"

Step 1: Find a Divorce Lawyer

The best answer is to first of all find a divorce lawyer, which is someone who specializes solely in divorce cases. They will be able to complete the necessary forms required to begin your case and the legal proceedings that follow, for this has to be carried out in a court of law.

Step 2: Agree to a Divorce

Normally, both partners have to agree to the divorce. However, if either spouse commits an offense such as adultery, then that gives the other party the right to start taking the steps to a divorce.

Step 3: Consider Your Assets and Children (If Applicable)

The court will take into consideration whether or not there are children involved, and if there is property which must be divided. If you do have children, the court may help you determine a custody arrangement. For property or any other valuable assets of the marriage, the court will help distribute them in an equitable manner.

Step 4: Process the Divorce in Court

You will have to swear with an affidavit and sign the application for divorce in front of either a lawyer or Justice of the Peace (depending on your jurisdiction), after which the papers will have to be filed at the courts. The paper filings will usually carried out by your lawyer.

Step 5: Attend a Hearing and Wait for the Court's Decision

You will then wait until you receive a hearing date. This is when you know that you are finally taking one of the final steps to a divorce. If there is no child within the marriage, then you are not obligated to attend the hearing, but a decision will be made as to whether the court will grant the divorce.

Once granted, you may receive a paper sent to you called a "decree nisi" (which is a court order that isn't yet binding due to some conditin). Following a "decree nisi" (usually within six weeks) you will receive a "decree absolute" (the binding court order), which means you are have finally finished taking steps to a divorce.

Not every case is as simple as this and there may be lots of different factors within each divorce case that can alter this process or make it longer. For instance, if one or both parties do not agree with each other on certain terms like child custody or the division of property and valuable assets, the situation could become a bit more complex.



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