Getting a Divorce and Using the Internet to Your Advantage
>> May 31, 2013
On realising that you
have reached the stage in your marriage where
there is no other option than to separate, getting the right help and
assistance with a divorce is imperative to ensure that you can move on
with your life as swiftly as possible.
Requirements For A Divorce
There are certain requirements that are necessary before you can commence divorce proceedings. The first and main one is that if you are asking for a court in England or Wales to process your divorce you will need to have been married for a minimum of one year. The only times this may not be a requirement are when the grounds for divorce are bigamy (where the respondent was already married at the time of your marriage ceremony) and nullity (where the marriage has not been consummated). These situations are rare, but if they apply to your situation then it is important that you seek specific legal advice from an experienced family lawyer.
There are certain requirements that are necessary before you can commence divorce proceedings. The first and main one is that if you are asking for a court in England or Wales to process your divorce you will need to have been married for a minimum of one year. The only times this may not be a requirement are when the grounds for divorce are bigamy (where the respondent was already married at the time of your marriage ceremony) and nullity (where the marriage has not been consummated). These situations are rare, but if they apply to your situation then it is important that you seek specific legal advice from an experienced family lawyer.
You
will also need to be domiciled within England and Wales to
be divorced under English law. If you do not live in the UK, you will
need to provide an address within the United Kingdom where your papers
can be sent and state where you live if it is not in the United Kingdom.
The first
step of the divorce is to file a divorce petition. This has to be
provided in duplicate and you will need to provide the court with a
certified copy of your marriage certificate. If you do not have a copy
of it, you should
obtain one as soon as possible. This can usually be done at the register
office that covers the jurisdiction for the area you were married in.
There is usually a fee for this. If there are children of the marriage
who are
under age 18 then you will have to prepare what is called a statement of
arrangements to accompany the divorce petition. This also has to be
provided to the court in duplicate and can be quite lengthy. It covers
where the
children usually reside, what school they attend (if applicable) and how
much time (if any) they spend with each parent and the addresses at
which this takes place. There is also the opportunity to state if there
are to be
any changes to these arrangements after the divorce is finalised. If the
matters are more complex, you could look at solicitors online to assist
you with this aspect.
If both
parents are in agreement with the contents of the statement
of arrangements they can both sign this before it is submitted to the
courts. This can be a huge advantage further into the divorce when the
judge is ready to consider granting the decree nisi. If the court can
see that the
arrangements are satisfactory, there should be minimal delays. The more
aspects of the arrangements following a divorce that can be agreed
amicably, prior to going to court, the quicker a divorce is likely to be
finalised.
For cases where this is not a possibility then it may be worth looking
at solicitors online to assist you.
AUTHOR BIO: Sharon McQueen writes articles on family law and provides legal content
to many online legal websites such as Dutton Gregory.
0 komentar:
Post a Comment