Divorce has the definition of the dissolution of marriage the break down the ending of the marriage before either partner dies or the legal act of ending a marriage. A divorce can be annulled where the marriage is made void via the effects of marriage including child custody, distribution of property and spousal support.
I will now explain the process of applying for a divorce and other information you may need to know: -
Either party can make an application for a divorce, the person who makes the application will be known as the ?Petitioner? and the other party named as the ?Respondent?, if there is any other people involved these will be known as ?Co-respondents?. You will need to prove the marriage has broken down by either of these points: -
? Adultery by the respondent
? Unreasonable behaviour
? Desertion by the respondent for 2 years or more
? Separation for 5 years
The other information you will need to show with your petition for a divorce are: -
? Your Marriage certificate
? Copies of the petition for service on the respondent
? Reconciliation statement (if a solicitor is acting for petitioner)
? Public funding certificate (if applicable)
? Arrangements of statements for any children (where they live and who with, schools they attend, contact information etc)
? Court fees
The respondent who has been served the divorce by the petitioner are served upon them: -
? Statement of arrangements
? Petition
? Notice of proceedings
? Notice of public funding (if applicable)
? Acknowledgement of Service reveals if the respondent is to defend the petition or also has the intention of a divorce, if there has been an agreement for where the children live, access rights etc if this is applicable, if the respondent agrees to pay the court fees and any other processing fees.
If after this processes the respondent agrees to all of the above an Affidavit statement is sent by the petitioner to the Court, this swears that the Petition is accurate. This Affidavit is a written statement, which contains evidence given on oath. Its usually written in numbered paragraphs, you can attach other documents to this Affidavit.
From this point the District Judge considers the Petition and to a decree the divorce, if the Judge agrees a Decree Nisi date is set. Six weeks from this date the petitioner can apply for a Decree Absolute the respondent can apply three months from the six weeks has expired by a court application.
You might be wondering how long this process may take, every divorce is different and so the time it takes to divorce varies from court to court, case to case. The average time is 5 to 8 months but it depends on the type of divorce and if it involves minor children. The help of an experienced family lawyer can help reduce stress when dealing with custody and access battles through the legal process.
So, why not start here? We have provided you with a good glossary of legal terms related to the process of getting a divorce:
Alimony A regular support payment by one divorced spouse to the other
Annulment A court declaration stating that a legal marriage never existed
Arbitration Having a disputed matter settled by a third party who is not a judge.
Attachment A court-ordered seizure of a debtor's property.
Attorney at Law A state-licensed advocate who is hired to prepare, manage and try a case in court.
Alternative Dispute Resolution A process of negotiation, mediation and arbitration, in lieu of a trial, as a way to resolve issues pertaining to a judgment of divorce.
Case Information Statement (CIS) A financial document specifying the details of your respective incomes, expenses, assets, and debts.
Child Support Money paid by one ex-spouse to another toward their child's expenses.
Common Law Marriage A marriage without a license or ceremony in which the couple cohabitated for a minimum number of years (varies from state to state).
Default Failure to do something (such as make a payment) on time.
Discovery The legal procedures used to gather all the facts necessary to settle a case or to prepare the case for trial.
Dissolution of Marriage (Divorce) The legal separation of a married couple so that each one may be free to marry again.
Equitable Distribution A fair division of the assets acquired during your marriage.
Inventory and Appraisement A list of jointly-owned property along with the current value of each one.
Joint Legal Custody An agreement in which a divorced couple share the rights and responsibilities of making major decisions about their child's life.
Joint Physical Custody The shared right to have a child live with one or the other parent at different times of the week or year.
Judgement of Divorce A legal document following a settlement or trial that grants a divorce and states the court's decisions with regard to alimony, support, custody, visitation rights, and equitable distribution.
Maintenance Alimony or child support payments
Marital Settlement Agreement An out-of-court agreement that resolves all issues surrounding a divorce.
Mediation A process by which a dispute is resolved and an agreement between two parties is reached with the assistance of a disinterested third party known as a mediator.
Non-Marital Property Property that belongs exclusively to either the husband or the wife and, as such, cannot be divided between the two.
No-Fault Divorce A divorce granted with the mutual agreement of two spouses, or when one spouse has left the marriage for a certain period of time (varies by state).
Rehabilitative Alimony Alimony that helps the ex-spouse to become self-reliant.
Separation The absence of one spouse from the household before a divorce.
Separation Agreement A temporary agreement with regard to support, child custody and property for the period between the onset of separation and the granting of a divorce.
Spouse A husband or wife
Support Payment due to one spouse from the other regarding housing, food, clothing, and other expenses.
Transfer To switch legal ownership from one person to another.
Verification Statement An oath declaring that the information stated in a document is true.
Visitation The right for a non-custodial parent to visit his or her child.
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