What Do You Need to Know before Applying to a Court for Divorce Proceedings?
Often, two people may commit to being with each other "till death do they part," but it's a sad fact of life that things can change. For one reason or another, the marriage may break down irretrievably and it can be time to consider divorce, instead of a long life together. If you're unfortunate enough to be in this situation, you will be trying to formalise the situation and wondering what to do. What details do you have to make available and will it be necessary for you to prove anything before you can go ahead?
The Law Has Fundamentally Changed
Much has changed in recent generations. Originally, at least one of the parties had to provide proof that the other individual was at fault before the courts would make a judgment in their favour. This would require a degree of evidence to be brought forward to prove the case and this would have a great bearing on how any property or assets were divided at the conclusion. However, a lot of this difficulty has been overwritten in modern days, through something known as "no-fault" divorce.
What Do You Need to Know?
In order to qualify for this type of decree, it's necessary to show only that the marriage has disintegrated to such an extent that it cannot be retrieved. For example, if you have been living apart for at least 12 months, this may be sufficient as proof. You don't even have to live in separate buildings, as it is still acceptable to live in the same house, but be classified as "separated." In fact, you may still be mingling funds together to pay for rent or utilities and still be classified as "apart".
You don't have to have the consent of the other individual in order to apply for a divorce, either. Typically speaking, it's usual for both parties to go forward with the case.
Private Proceedings
You don't have to worry about all the details being made public, either. Usually, proceedings in a court are kept private, with sensitive information being kept out of the public record.
Property Not Affected
This type of divorce does not necessarily have any bearing on how property or assets are divided in the end. Remember, it is known as "no-fault" and as such, no decisions are made about who owes what. Nevertheless, the parties have to discuss how the property will be settled within 12 months of any divorce being decreed. If one of the parties is unable to support themselves as they did before the separation, then the other party has to take some responsibility for setting this straight.
The Children Come First
Fundamentally, however, if you have children you have to look out for their welfare before you even approach a court. Your case will not be considered and a divorce decree will not be issued, unless the ongoing care of the kids has been attended to.
Getting Advice
While this is a general oversight of the laws relating to no-fault divorce, you ought to seek legal advice before proceeding in every case.
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