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SpinDistribute.com Article Directory

The following article was published in our article directory on January 12, 2010.
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How To Divorce

Article Category: Relationships

Author Name: Barbara Stone

A lot of marriages don't work out well and the divorce rates have gone up in the past few decades. One requires a divorce which is sanctioned by a judge to be able to get married again, legally. Typically, the procedure lasts for about five to eight months if the couple has come to an agreement on how the kids will be taken care of, division of assets, etc. If the other party contests the divorce, the proceedings can go on for more than a year.

The petitioner can file for divorce on the grounds on adultery, unreasonable behavior, desertation and separation which should be shown to the partner to have mutual agreement without which the process will be lengthy. When the ground for divorce is adultery, the person who you claim your partner has committed adultery with becomes the co- respondent and you can supply the court with their name and address.

In some countries, one can file for a no- fault divorce where one need not give proof of any fault with the other party for wanting to divorce him/ her. In such cases, incompatibility and irreconcilable differences can be the grounds for divorce. Here a period of separation is required the length of separation can vary depending on the country.

If the couple has children, then there are two ways of settling things. If there is mutual agreement as to how the kids will be taken care of, their custody, etc., the court will consider it. Otherwise both the husband and the wife will have to submit the proposals separately and the court will decide how the kids will be taken care of keeping the child's welfare in mind.

To divide the property, each party will have to supply detailed information about one's property, debts, earnings and savings. This is only if you cannot come to a mutual agreement. If the couple does come to a mutual agreement on the financial issues, then the process will be simpler and the court will go according to the agreement.

The documents from petitioner will be sent to the partner for acknowledgement and then each party's statements and proposals are sent to the other. The affidavit sent with it will have to be filled and sworn in, as advised by your solicitor. Another document that you will be required to fill will be the Application for directions.

A Decree Nisi is granted which declared that your reasons for divorce is proven to be valid and after six weeks, the one asking for divorce can file for Decree Absolute which will be granted to you as soon as you apply, after which you can marry again.

In cases where the disputes regarding children and assets are not settled mutually, a few hearing will have to be attended by the couple. To settle disputes regarding children, a Conciliation Appointment is done where an officer will talk to the parties and make a recommendation to the court if the couple still cannot decide. Here the issues regarding the child's maintenance, residency and contact arrangements are decided.

With financial disputes, the couple will have to attend a First Appointment and if they cannot reach a consensus after this, they will be asked to attend a Financial Dispute Resolution hearing. The divorce can get done quickly if both the parties involved have mutually agreed to this. If they do not agree, the respondent can contest the divorce. When this happens, the divorce process can be very lengthy. The court will ask the petitioner for more information and there is a need for a solicitor now.

Keywords: divorce, divorce advice, how to divorce

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