The Basics of Divorce

The decision to divorce someone is not easy to make, and is not a decision to be taken lightly. The breakdown of a relationship is usually a time of high emotional distress and therefore you should be sure that it is beyond repair before you file for something as final as divorce. However, if divorce is the only option then this article may be of use. The purpose of this article is to cover the basics of divorce and equip readers with everything they need to know to start the divorce process.

The first thing to note is whether you are eligible for divorce. This may seem silly, but there are certain criteria that need to be met before a divorce can be granted. You need to show that the relationship has broken down irretrievably, for this to be the case, you need to be able to prove one of the following:

Adultery – Your husband or wife has committed adultery and you find it impossible to stay together. The easiest way to prove this is if the guilty party admits it. If this doesn’t happen it can be tricky however it is something to discuss with your solicitor. You must file for divorce within 6 months of finding out that the adultery has occurred, doing so after this period does is not usually considered sufficient grounds for divorce.

Unreasonable behaviour – this is quite a difficult criterion to describe, as it is so broad. You must be able to describe the reason(s) you husband or wife is impossible to remain with. When making an application on this basis it is important to try and remain reasoned and not let your emotions take control. Having your solicitor proof read your application is usually a good idea.

Desertion – Desertion is somewhat easier to define than the previous point. You can file for divorce under grounds of desertion if your husband/wife has left for a period of 2 or more years without prior agreement and without giving any/good reason.

No-fault divorce – No fault divorce can occur when you and your spouse have been living apart for 2 years or longer. To file for this divorce method both parties must agree that a divorce is necessary

5-year separation – this is the same as the above, however, you need to have been living apart from your spouse for at least 5 years. You do not need your husband/wife to agree to this. However, they can attempt to block the application under grounds that it would cause major hardship, financial or otherwise.

The divorce process can take a long time. In a straightforward, non-adversarial case, an optimistic estimate could be 6 months. This all depends on the court system, however.

If a civil, non-adversarial divorce is what you and your soon-to-be-ex partner are after, it may be worth investigating mediation. Mediation involves an independent third party to act as a neutral negotiator during the separation process. There are numerous benefits to mediation. The most quoted one is reduced conflict, because the two parties talk through the separation the process is less adversarial by nature. This can be particularly beneficial if children are involved. Mediation also allows for more privacy, it’s a confidential process and allows for privacy that a courtroom simply doesn’t. Finally, the costs associated with mediation are far lower than the costs associated with the traditional divorce process.

For more information on Mediation, visit the Mundays Family Mediation website. This article is not not written by or on behalf of any professional law firm and is meant as guidance only, it is not legal advice.

5 Responses to “The Basics of Divorce”

  • liza:

    I’m considering becoming a paralegal and am doing some research on the legal system basics. While I find some information interesting I do find most of it hard to grasp, complex. After a while I have started to understand a little of the basics. Did you ever have a hard time understanding the system, laws, courts, terminology? I’m just trying to make sure I’m not getting in over my head.

  • SteveO:

    As he take a look at me, it simply feels… so right. Inside my siblings wedding, I really began tearing up since i thought about being walking lower the isle to my boyfriend.

    But we bothget very nervous and household is around a great deal therefore we do not get time to become alone a a little more physical… We all do the fundamentals, hugs, holding hands, sitting very close. This can be a lengthy distance relationship, and that he continues to be my closest friend since i have was under five.

    Could this be the real thing or simply still within the honeymoon phase love?

  • Rishabh Bajpai:

    if anybody knows tell me all of the steps and just what im gonna undergo

  • RxP DarkBox:

    so here’s the fundamentals. It had been a domestic violence situation (on his account) we have only been married for just two several weeks. She got arrested a couple of days ago, got from jail today already returning towards the ex, and also got the papers today. My rent from recently was due today, my vehicle is have less gas, i gotta take dd to preK, laundry mat for laundry, i quit my job in june, experienced miscarriage in this summer ended up costing for this reason rent is behind (needed to have surgery). He was gonna produce cash except now i recieve nothing. We do not share property, accounts, my 4 years old daughter comes from an earlier relationship. I rent and that he wasn’t around the lease (landlord understood he resided here). I’ve nothing, not just one cent, no programs can help me. I’ve nothing to cover divorce, my mother and household is broke too. Idk how to proceed!! I am losing it, can he pressure divorce already?

  • Roar me R:

    As you may know, divorce rate within the U.S. stands at 50%. That’s one inch every 2 couples winding up divorced. It’s no surprise I see a lot of people who’re divorced, remarried. I in addition have a large amount of buddies who’ve stepdad or stepmom.

    After I marry later in existence, I truly don’t want to finish up divorced. I wanna marry a lady I really like and stay with her till I die. But nonetheless, because the divorce rates are excessive like this, I can not relax a bit whether I’ll be area of the statistics.

    I’m likely to marry a Christian lady who shares same moral values. How’s divorce rate among Christian couples in comparison to non-religious couples? Could it be reduced?

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