To reach a conclusion that the marriage has ended could be very difficult for an individual. In most of the cases, an outburst of emotion gets in the way of rational thinking during the overall procedure. The decision of opting for a divorce often based on the negative emotions that take an individual to jump into the process of separation rather than wading slowly. In this legal guide, the readers will get detailed information about the law as well as the overall procedure of divorce.
Eligibility for Filing for Divorce
There are no hard and fast rules for applying for a divorce but the couple has to show at least one year of marriage. It will allow the spouse to apply for the divorce. The reasons might vary from case to case but the process of filing for a divorce will remain similar.
The law governing authority of respective countries did not recognize certain religious marriage ceremonies in foreign location often. In such a situation, it is important to seek legal advice to check whether the couple is legally married or not.
Different Grounds for a Divorce
One of the biggest and possibly the sole reason for a divorce is that the marriage has collapsed irreversibly. And to prove that the marriage has been broken permanently, one has to state five substantial in the divorce petition. They are –
- Arbitrary Behavior
- Adultery or Infidelity
- Two Consecutive Years of Separation without Consent
- Five while Years of Separation
This is a state when anyone from the couple (either the husband or the wife) has treated in such a way that the other person cannot reasonably be expected to reside with the same.
It happens when anyone from the couple gets engaged in conjugal relations with the opposite gender who is not his/her spouse.
This is when both the people in the marriage have decided to live separately consecutively for two years with the content of each other and finally applies for a divorce.
In this situation, the spouse left the other to end the relationship without any agreement or any valid reason for more than two years.
When the couple lives separately for five or more years with the will of each other, a spouse is entitled to apply for a divorce.
One of the best ways to file a divorce is to seek legal advice for divorce from a professional divorce attorney. The kind of experience and hold over the legal proceedings will help people to draw the decision in their favour.
Kinds of Issues Decided in a Divorce
Some of the issues that are decided in a divorce judgment are:
- custody and support of the children
- an order given for the protection from domestic abuse
- division of total assets
- division of the real and personal property
- decides on who gets to live in the marital home
- taking back the maiden name
How long will the Entire Process take?
In general terms, the most simple and straightforward case do not take more than 4-6 months. The court often advises postponing applying for a decree till the conclusion of any and every financial proceeding.
It is because it can affect the rights to reside in the in-laws home, pensions, as well as other joint finances. Opting for legal advice for divorce from reliable divorce counsel would be very helpful to settle down things smoothly and in a hassle-free manner.
In case the facts/literature discussed above are not enough for the readers, it is best suggested to get in touch with a professional lawyer that has great experience in dealing with divorce cases. Regarding the post, do not forget to share suggestions below in the comment section.