Divorce Laws - Common Grounds Covered Under Divorce Laws

During a divorce, there is a very wide array of laws that may be applied during negotiations or trials. These laws may cover anything, from what belongings will remain is whose custody to child and spousal support and retirement savings. An attorney with experience in divorce proceedings is able to help someone ensure they receive all they may be entitled to during the process of seeking a divorce.

Child Protection and Support

Under the vast nature of these aspects covered by laws surrounding the nature of divorce, the most commonly known laws pertain to child support and material belongings. There are agreements that protect the assets one has earned previous to marriage, called prenuptial agreements. If a prenuptial agreement has been signed, it means that the assets one of the parties had gained previous to the marriage remain the sole possession of that party. In the case of a divorce, there would be no question that those assets would remain with the owner as stated in the prenuptial agreement. When there has been no agreement made or signed, the parties involved must come to an agreement regarding their belongings and other assets and who will retain custody of those items. If this cannot be done amicably, a trial may occur where a judge will make the decision instead.

Child Custody

In proceedings where children are involved, custody and child support usually come into play very quickly. Custody hearings may involve a separate trial altogether, but child support is usually approached under the initial divorce proceedings. It can be very costly to raise a child, and as most are aware, life as a single parent is no easy task. Child support payments may be required in order to ensure that the child's quality of life remains stable after the separation.

Spousal Support

Spousal support in an area that many people ask questions about. In some cases, one spouse may be required to assist the other in maintaining their quality of life. An example of this can be if a man asks his wife to retain the traditional role of housewife while he works. When a divorce occurs, this woman may not have the life skills needed to obtain work outside of the home and earn the money needed to maintain a healthy quality of life. A judge may rule that the husband is responsible to ensure of this, since it was he who suggested she forgo those life skills in order to fulfill the role of traditional housewife. This can also occur in opposite roles, where a woman may be required to provide her ex husband with spousal support payments.

These are just a few examples of what is covered by divorce laws, although there are many other aspects included and they do vary according to region. When considering a divorce, it is important to seek legal advice through an experienced and qualified attorney before making any decisions or actions.

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Divorce Law Basics From an Expert Divorce Attorney

Getting a divorce isn't always as simple as many people imagine. For some, a divorce is their first exposure with the court system. For others, negotiating the division of assets, child custody, spousal support and other factors can be handled outside the court system. That said, it's important to note that divorce laws can vary by state.

For example, if you live in Illinois, legal representation by an experienced Chicago divorce attorney can prove invaluable for navigating the choppy waters of divorce law. Below, we'll provide an overview regarding the grounds for divorce, the division of shared assets as well as child custody and spousal support.

Understanding Grounds For Divorce

When filing a petition for the Dissolution Of Marriage, a divorce may be deemed a "fault" or "no fault" divorce. Each state has slightly different laws regarding the classification. If a husband and wife have lived apart for 2 years or longer and irreconcilable differences have destroyed the matrimony, the divorce can be classified as "no fault." On the other hand, a marriage that has broken down due to impotence, adultery, 2 years of alcohol or drug abuse and other reasons may be deemed grounds for a fault divorce.

Division Of Property

During a divorce, the property that is jointly owned by the husband and wife is divided. However, there are many circumstances that dictate whether an asset that is acquired post-marriage is eligible for division. For example, Illinois divorce law makes a distinction between "marital" and "non-marital" assets based upon a number of conditions. These can include inheritances, exclusions based upon agreement and income generated by assets judged as "non-marital." A divorce lawyer in Chicago can provide guidance in complying with these property division rules.

Factors Considered In Child Custody

Negotiating child custody is often difficult in divorce cases. Typically, both spouses want a higher level of custody than the other spouse is willing to allow. When child custody cases are presented in court, the judge considers a number of factors before making a decision. While the child's wishes are often taken into account, the physical, mental and emotional development of the child can supercede them. This development can involve the willingness and ability of each spouse to maintain a continuing healthy relationship with the child if custody is awarded.

Factors Considered For Spousal Support

Many states view spousal support differently for divorce cases. In Illinois, alimony is determined by a number of factors including the monetary needs and earning ability of each spouse. The court will consider whether a spouse's devotion to domestic activities has had a damaging effect on that spouse's ability to earn money in the future. Having the help of an experienced Chicago divorce attorney can be valuable in presenting an argument in spousal support cases.

Hiring A Chicago Divorce Attorney

Getting a divorce can be a complicated process. While many divorces start amiably and objectively, they can quickly become emotionally exhausting. This is especially true when custody rights for children are being determined. Depending upon the state in which you reside, you should contact a qualified lawyer for representation. If you live in Illinois, hiring a Chicago divorce attorney can be instrumental in preserving your custodial rights, share of jointly-held assets and your interests regarding payment of spousal support.

Many people who seek a divorce are lulled into a false sense of comfort, confident that their soon-to-be ex-spouse will remain objective and open to an equitable distribution of assets and custodial rights. Unfortunately, emotions can often taint the process. The job of a divorce lawyer in Chicago is to negotiate on behalf of the client on the road to reaching a fair divorce settlement.

About the Author: Christine O'Kelly is an author for VojtaLaw.com, a divorce lawyer in Chicago who specializes in family law. Areas of expertise include divorces, separations, adoptions, paternity, child custody and spousal support.

Divorce Law 101 - Learning The Basics

Most state courts acknowledge divorce petitions filed only by persons who are under the jurisdiction of the District Court. To find out whether a person is eligible to file a divorce, he should meet the minimum residency requirement, which is 90 days prior to the date of filing. Below is a overview of some divorce law basics.

Acceptable Grounds for Dissolution of Marriage

Divorce is a fixed dissolution of marriage. Therefore, it is only right for the District Court to require a strong foundation for a married couple's desire to be divorced. For one thing, there are several legal and emotional repercussions that affect not only the couple but also their children. For example according to Colorado statutes, the only grounds for dissolving a marriage is when the marriage is irrevocably broken, and if this is verified by substantial evidence or testimony by both partners. A marriage that is irrevocably broken is seen as one that will most likely not be able to continue because of serious marital conflict.

Division of Property

The main stance of in many state divorce laws when it comes to the distribution of marital property is "equitable distribution." To be clear, equitable does not mean having both partners acquire an equal share of the assets and properties of the couple. Equitable is defined more by what is fair, not what is uniform. The court encourages every couple to settle their property and debt issues by themselves and signing a Marital Settlement Agreement, but if both parties cannot meet halfway, the Court steps in and distributes the properties in a fair manner. Factors that affect the Court's decision are: the contribution of each spouse in acquiring property, the value of the property, the economic circumstances of each spouse, and changes in value of the property.

Spouse Support

Again, a couple is expected to settle spousal support matters by themselves, but the Court gets into the picture of the couple fails to reach an agreement. Before the Court lays down an order for spousal support, some factors are first considered. These are: the financial status of both parties, the time needed to look for employment, the standard of living during marriage, the duration of the marriage, the age and health of the spouse seeking support, and the ability of the other spouse to provide for him/herself and the one seeking support.

Parental Responsibilities Allocation

Previously referred to as child custody, the allocation of parental responsibilities gets rid of the tendency for both partners to treat children like property that they have to be fought over. This gives children, especially the older ones, a lot of involvement in the Court's coming to a decision on where they should live.

Vernon Ready is a Denver family law lawyer and deals with cases that have to do with child custody, child support, marital agreements, restraining orders, adoption etc. As Denver divorce lawyer Vernon also handles divorce, separation and mediation cases. So if you live in the Denver Metro area and are in need of a good family law attorney then visit Vernon's website at: Ready-Law.com

Note: This article is for information only and cannot be considered legal advice. The information contained in this article is generalized for a wide audience, and cannot replace the advice of an attorney based on the specific facts of your case.

Getting Divorced - A Guide to Divorce Law

If you are considering getting a divorce it's imperative to consult a legal professional early on to help you navigate the choppy waters of divorce law. While divorce is normally only considered as a last resort, you should be sure that there is no way to reconcile your relationship peacefully and find yourself a solicitor before you head for the courts.

The first step for you to take is to contact a solicitor and ask about your legal rights and obligations. Contacting a solicitor does not necessarily lead to divorce and you should not feel that a decision has to be made right now. However, if you are going through an emotional time, knowing your rights could keep you protected.

Taking a step back may be quite difficult, but declaring war through your solicitors is never going to be the most productive course of action. You planned ahead for your wedding, financially and in other ways and sadly, you must do the same when the marriage is ending. If you are sure that divorce is your only option, then hire your solicitor and prepare for the marriage termination.

If there is any possibility of amicable split between you and your spouse, then consider Collaborative Law as an alternative to a messy divorce. This process allows specially trained lawyers to help you to agree your case without visiting court. This approach allows you to divorce with dignity, and to work with your spouse to resolve your disputes civilly. If you cannot reach an agreement with your solicitor team, then you should hire a new solicitor to take you through the court process.

The actual process of obtaining a divorce is not a difficult one in the UK, but it can be made to feel quite difficult by battling spouses, disagreements over custody or assets, and emotional upheavals. Seeking and following professional advice is the best way to navigate a messy divorce. There is no such thing as an "easy" divorce, as many of us know, but there are ways to make it as painless as possible if you are only willing to have an open mind & not be adverse to cooperation.

Chris Norton writes for Armchair Advice. Armchair Advice is a UK website providing specialist job loss and relationship advice. Whether you require emotional support, financial advice, employment law or divorce law solicitors, you can find them all at Armchair Advice.

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Divorce Law Firm: Consider Some Ways A Divorce Lawyer Can Help You

You may be wondering how a divorce law firm can help you, as you might be considering saving money and doing it on your own. However, most people are greatly assisted by this type of attorney, especially in more complicated cases. Consider some of the ways that this kind of legal help can benefit your situation.

Many people divorcing their spouse are not going through a simple situation. They often have property and children with the other person, and want to know the best way to walk away from the separation with the results they want. It is a good idea to use a divorce law firm if you have a house, cars, or pets together since you will need someone on your side to help make a compromise with your spouse. While you may have to go to court to determine who gets what, meeting with an attorney can allow you to find out your options quickly so that you know whether the results you want are even possible.

Of course, having children together often makes this procedure more complicated. You will need to let your divorce law firm know whether you want full custody of the kids, and also decide the level of custody you want your spouse to have. It may take months or even years to figure out the details so that the situation works well for everyone, but approaching a lawyer about this issue is the best initial step you can take.

If there was violence in your marriage, you might consider getting a restraining order. A divorce law firm can help you take the steps toward that document, allowing you to feel safe as soon as possible. This is especially important if you have children who you think are in danger, as well. A good lawyer should offer you the information you seek, and help you get started immediately on acquiring the restraining order you need.

If you attempt to complete this process alone, you may find that not only do you fail to get the results you want, but you may also miss the support and encouragement that a lawyer can bring. Having a good divorce law firm on your side is often worth the money, especially if you need assistance determining the property you can take. Of course, making the best decision possible when it comes to your children, as well as getting a restraining order, is often even more important than figuring out property issues, and a good lawyer can help with it all.

For a divorce law firm Seattle offers a team focused on your needs and concerns. To know more, visit: http://www.piercefamilylaw.com/

Has NY Divorce Gotten Easier With the New No-Fault Divorce Law?

Until just a couple of months ago, if you wanted to get divorced in New York State you had to plead and prove fault grounds to be granted a divorce by the court. This basically meant that in order to get of your failed marriage you had to accuse your spouse of adultery, cruel and inhuman treatment, abandonment, or other equally morally degrading acts. Not only did you have to accuse your spouse of one or more of these grounds for divorce, you had to prove to the New York Supreme Court that they were true. This complicated things.

In the case of adultery, New York has very stringent standards that do not even allow as sufficient proof a spouse's own admission to adultery. Scorned spouse's would desperately want to prove that their husband or wife had cheated on them as their final act of retribution, but sometimes they could not meet the high bar that New York set to prove adultery. You would have to spend a lot of money on attorneys' fees, risk further hurting your family in an ugly divorce and waste a lot of time trying to meet these burdens of proof at trial. As you can see, the old system of fault based divorce was archaic at best and the cause of a lot of problems that are finally now avoided with the new no-fault regime.

Under the new New York no-fault divorce law, you can get divorced if your marriage has been "irretrievably" broken for six months. This means that as long as you and your spouse agree that you want to get divorced and will not argue the fact that your marriage has not been working for six months you can get divorced. Although, there is one caveat to New York's no-fault divorce law: you need to have been married for at least six months in order to claim that your marriage has been failing for six months. You would be surprised how many calls our law firm gets from people who have been married for a month or two and already want out.

Another common misunderstanding about the new no-fault divorce law is that it is not unilateral divorce. You still need to know where your spouse is to serve them, so that they can sign the divorce papers or decide to contest the divorce. You cannot simply get divorced without your spouse's consent or knowledge.

One of the many problems that New York's fault based divorce laws resulted in was that it inadvertently encouraged perjury. How could a law promote an illegal act? Its simple. By requiring couples to jump through unreasonable hoops in order to be granted a divorce, the law was actually provoking couples to tell them what they wanted to hear just so they could get out of their failed marriages. A lot of couples thought that the state government had no right to tell them whether or not they could get divorced and so they resorted to lying as a means to get out of their marriage. A comedic example of this were the numerous cases where a pregnant wife would claim the fault grounds of constructive abandonment, meaning that she and her husband had not had sex for over a year, but the child was theirs. Go figure?

After the New York Supreme Court began accepting divorces based on no-fault grounds on October 12, 2010, there has been a tangible sense of freedom in the air. When people who were unable to get divorced for years are finally able to end their failed marriages, the excitement and relief is palpable.

The new no-fault divorce law has made getting a divorce in NY much easier.

David Centeno is the founding member of the Law Office of David Centeno, PLLC, a boutique divorce law firm in New York City. The law firm offers free consultations to anyone considering getting a New York no-fault divorce. Call (866) 830-2064 to schedule your free consultation today. To obtain original content from David Centeno, Esq. please call the number above to discuss guest blogging, exclusive article writing, journalistic content, and all other forms of content creation.

Divorce Law

When you have hit a point in your marriage that you no longer wish to stay married there are two options in divorce law for you. You have absolute and limited divorce law to choose from. You will also find that some states have different views on divorce law above the national government. An absolute divorce is a termination based on misconduct in the marriage or a statutory cause. In this case the divorced couple is then considered single. With a limited divorce you will have a separation decree. In this case the divorce law is going to still see you as a couple despite cohabitation being terminated.

You can also choose a no fault divorce is several states. A no fault divorce is where the couple does not have a reason why the marriage failed and there are no grounds being bandied about. Previously in divorce law the judge or court of law would require some time of proof that a party in the divorce had done something wrong such as adultery, or another act. The no fault divorce allows for the divorcing parties to save face. They don't have to air their dirty laundry in front of others or provide a reason for the divorce. At the end of a no fault divorce the couples are then considered single.

You will also find that in divorce law a divorce decree can be contested. In this case the individuals applying for divorce has issues that the court must work out. Most often a contested divorce involves property or children. In the case of divorce law regarding children the parents must decide on custody. In some instances the mother or father may have restricted rights for seeing their child. There is also the result of alimony. During a divorce the court will take time to observe both parents and find an agreement in a child custody case.

For a contested divorce involving property in divorce law there are certain things to consider. If a prenuptial agreement was signed then the divorce will adhere to the agreement unless grounds are stated satisfactorily. In most contested divorces involving property the judge or court of law is going to divide the assets among the two individuals based on the arguments seen.

Divorce law is one of the increasing industries regarding employment. The United States has seen an exponential growth in divorce cases. It may be related to the new divorce law of no fault or other reasons. In either case you will find that there are several divorce lawyers available in every state. If you need to find a divorce lawyer you may seek referrals, go on the internet and research lawyers, and speak with the law board to make sure you are finding a lawyer that has passed the bar. In some cases divorce law can be settled with out the court of law. In these cases the divorce is amicable and the papers signed in one of the lawyers offices or neutral ground.

Jim Power is writer for the legal website about Divorce Law more information can be found at http://www.lawyermemo.com

Divorce Laws Around the World

Before the introduction of no-fault divorce 1970s, divorce in the United States and many other developed countries could be a difficult process. Back then it was necessary for one spouse to be at fault for some kind of wrongdoing, such as adultery. If no wrongdoing was involved, it was necessary to pretend something had happened. Fortunately the laws have changed, but there is still much variation in divorce laws around the world.

There are still many countries where divorce is not legally recognized. Although most industrialized countries around the world permit divorce, there are a few surprising exceptions. For example, it is far more difficult to get a divorce in Ireland than most other Western European countries: divorce only became possible in 1995, and even still two spouses must be separated for four of the past five years before they can divorce.

In Pakistan, although divorce is a legally recognized practice, the laws are designed to discourage divorce as much as possible. As a result, the divorce process is longer and more complex than in most of the industrialized world. Rather than simply submitting some paperwork, the husband must declare his divorce in front of witnesses and submit written notices to the government and his wife. The spouses must then wait at least 90 days and appear before an arbitration council before it can be final.

Divorce laws in Japan are very permissive and similar to those in most of the Western world. In particular, divorce in Japan does not require any official legal approval at all. Two spouses only need to consent to a divorce for it to be enacted: it is not necessary to involve lawyers, courts, or arbitration. Similarly to other industrialized countries, two spouses need only fill out a form with two witnesses and submit it to the local registry.

If you and your spouse live in the United States, you have the option of getting a no-fault divorce. No-fault divorces are a quick and straightforward way of ending a broken marriage, giving both of you the opportunity to begin anew.

If you are considering a divorce, visit the website of the Oceanside divorce lawyers of Fischer & Van Thiel, LLP for the legal assistance and information you need.

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Georgia Divorce Laws

Getting a divorce can be a complex and messy process. However, a good divorce attorney can make the whole procedure quick and less painful.

Divorce includes a number of legalities that deal with the separation between a husband and wife. All such issues would be taken care of by a family law practitioner or an exclusive divorce lawyer specializing in that field. Interests of both the parties need to be considered during a divorce proceeding. It could be a difficult time for the whole family, and compassion, understanding and sympathy need to be part of the parcel of every divorce attorney.

The state of Georgia has a no-fault divorce policy. This means that the state does not require reasons for divorce, and the courts try to make the process as painless as possible for both parties. However, the division of assets and child custody require reasons for attainment of such. As in other states, Georgia accepts a divorce filing on the grounds of irreconcilable differences or irretrievable breakdown. Also, divorce is allowed when the partners have separated for more than a year prior to filing for the divorce. In such situations that case becomes an uncontested divorce and can be granted even when either party applies for divorce without both filing for the divorce together.

The court gets to decide who gets custody of the child. However, custody-related matters need to be finalized before the divorce is granted. The court would decide child support and custody matters while looking out for the child's best interests, in the event that the parents are unable to decide who receives the custody of the children after the divorce. Some judges would allow the child to decide which parent he stays with. But this is usually when the child reaches an age where the parents cannot bribe or entice the child to pick them, and the child is able to take independent decisions.

When granting a divorce, the court decides on property and debt assessment, tax issues, prenuptial agreements, Social Security benefits, life insurance, disability benefits, personal injury money as well as gifts that both received while together, along with the attorney fee. In the event one of the parties is unable to bear the cost of attorney fees then they can file for counsel fee pedente lite. Other than these, financial and spousal support when relating to child custody and alimony is also taken into account. In Georgia, either party can provide alimony and, depending on the lifestyle they have been used to, the court decides the amount. Any business that was started must be considered when the partners break up. As per Georgia divorce laws, all the financial assets and properties must be divided fairly and equitably, even when they cannot be distributed equally between both the parties.

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Common Divorce Laws Procedures

Each country and state has their own divorce laws. These laws in place so that the divorce process is clear and can go as smoothly as possible. While there are some differences, divorce law is fairly similar across the board regardless of what region you are in. This is because they are all trying to accomplish the same goal. The laws cover a wide range of aspects, and this article will discuss some of those. In western civilization, divorces are happening left and right as almost half of all marriages don't survive; though, this seems to be a problem almost everywhere.

Filing a petition is how the divorce process is started. Divorce laws identify the person initiating the divorce as the petitioner. The respondent is the other spouse, and when the petition if filed they are required to give a response. Co-respondents could be involved as well as others who have some sort of importance to the relationship.

People choose to file for a divorce for many different reasons. Put another way, certain acts or events are needed in order for a divorce to successfully go through. For instance, adultery, being apart for a period of time, unreasonable acts, among others are the types of events that provide grounds for divorce.

Getting a divorce does not have to be a long process and many resources are part of this that have to be considered. The petition will go along along with other important documents that are allowed by laws. These documents are very critical and will play a role in the aspects of the divorce that it pertains to. Copies of the petition will be served to the respondent. Another document is the statement of arrangement that will cover any children that are involved, specifically where they will live and go to school.

Other required documents include statements of reconciliation and a marriage certificate. In order to verify the aforementioned documents, a lawyer will be present with the petitioner. Where necessary, a public funding certificate will be applied. Court fees will also paid when required. According to divorce laws, the judge will ultimately make the decision regarding the fate of both parties. The grounds of the divorce that are held up on the petitioner's end will dictate what they will get out of it.

This is only a broad overview of the divorce procedures that go in in most places. Always know the laws in your area so you can be well prepared.

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Legal Advice On Divorce

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United States Justifications For Divorce

The definition of divorce is the legal termination of a marriage. While married couples have neither a legal nor a constitutional right to seek a divorce, most states typically grant them because mandating that a couple remain married when they do not wish to do so would go against public policy.

In the United States, there are two types of grounds for a divorce. They are: no-fault and fault. In some states, however, even if there are fault grounds that subsist within the marriage, no-fault is considered the only viable justification for a divorce. The other states permit the members of the couple to select either a no-fault or a fault divorce.

The concept of a no-fault divorce was first adopted in the United States in the late 1960's, and presently, almost all of the states permit some variation of it. In a no-fault divorce, the parties involved do not legally fault, or blame, one another for the divorce; "irreconcilable differences," "irretrievable breakdown," and "incompatibility" are some examples of the grounds for a no-fault divorce. In general, one spouse cannot prevent a no-fault divorce from being realized simply because when one spouse desires a divorce and the other spouse does not, this amounts to irreconcilable differences, which is one of the justifications for a no-fault divorce.

In many states, a "cooling-off period" of separation is necessitated for a certain amount of time before no-fault divorce proceedings can commence. For the duration of this period, the members of the couple are obligated to live separate and apart from one another with the objective being that the separation will become permanent. The specified length of the cooling-off period is subject to variation according to state law.

For the states that also allow fault grounds for a divorce, some common fault grounds include: cruelty, desertion, adultery, prison confinement, habitual intemperance (drunkenness or drug addiction), and impotency. In cases where both members of a couple are found to be at fault, courts will usually employ the doctrine of "comparative rectitude" and grant the divorce in favor of the party who is least to blame. Comparative fault may also be used in some states as a basis for conceding a greater alimony award or a larger segment of marital property to the spouse who is proven to be least to blame. Couples may be tempted to seek a divorce based on fault in order to prevent having to delay the divorce by complying with the state's obligatory separation requirements for a no-fault divorce.

With regards to fault divorces, there are several "defenses" that can be used, which include collusion, connivance, condonation, and provocation. These defenses are not employed often, however, with the potential reasons being that they necessitate witnesses as well as additional court time, which is costly and can prolong the divorce proceedings. Furthermore, even if one or more of these defenses can be proven, courts will generally still accord the divorce so as to not force a couple to remain married when at least spouse does not wish to do so.

The act of collusion may be committed by a couple who wants to bypass their state's mandatory separation period, and as a result, attempts to wrongly create fault grounds for the divorce. Connivance is when one spouse sets the other spouse up for wrongdoing and then uses it later as a justification for a fault divorce. The condonaton defense refers to when a member of a couple condoned a specific behavior during the marriage and then tries to use that same behavior as a fault ground for divorce. The provocation defense may be used when one spouse provokes the other spouse to commit a wrongdoing.

In the United States, there is a lot of state-by-state variation when it comes to divorce laws and the specific grounds required for divorce. For more information, visit the American Bar Association's Section of Family Law website.

Michaela Zanello is a contributing writer for Fee Legal Aid, a comprehensive, online database of free legal resources that can help guide you in your search for legal assistance. For more information, visit http://www.freelegalaid.com/.

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Divorce Law - An Overview

Sometimes despite a couples best efforts, their marriage will come to an end. The process of legally ending a marriage is divorce. As many as one in three marriages end in divorce in the UK alone. While divorce itself is not especially complex, there are many elements that are tied into divorce that make it much more complicated, such as children and finances. On top of this, when a relationship ends there can be a lot of ill feeling between a couple, this means that the divorce process can often be an emotional and unpleasant thing to have to go through.

In the England and Wales, you need to prove that your marriage has broken down irretrievably in order to get a divorce. There are five legal facts which make up why a couple's marriage has broken down irretrievably. These reasons are adultery, unreasonable behaviour, two years of desertion or two or five years of separation. When the party wanting to get the divorce applies to the court, they will make a petition and be known as the petitioner throughout the process. The other party is known as the respondent. The petitioner will have to provide written evidence as to why the marriage has broken down including one of the facts written above. Most divorces are granted on the first two facts, adultery and unreasonable behaviour and stand undefended. To ensure the divorce goes smoothly, it can be a good idea for the petitioner to inform the respondent as to what they are going to include in the petition before they file it.

The divorce process has seven stages on average. It begins with the filing of the petition. The petitioner will have to provide the court with information as to why the marriage has broken down. If there are children involved the petitioner will also need to provide the court with a statement of arrangements which explains what will happen to the children after the divorce.

The next step is for the petition to be sent to the respondent along with a form for them to fill in and send back to the court. They will then have to decide if they want to dispute the petition, if they do they will have to fill in more forms and return them to court.

The petitioner will then have to confirm that what they have written in the petition is true by swearing on the affidavit.

The court will then pronounce the decree nisi and 43 days after this the petitioner can apply for the decree absolute which is the final stage of the divorce process.

Once the decree absolute is received the couple is legally divorced and they will no longer have any legal obligations toward each other.

The divorce process can be a long one depending on the circumstances of the people involved. Many couples will decide to go through the courts however, there are alternative divorce methods which can be a lot less expensive, time consuming and stressful than court proceedings, which are mediation and collaborative family law.

For more legal advice and information, and for free legal resources visit lawontheweb.co.uk.

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