A Complete Guide to Applying for A Divorce

An annulment of the marriage is the process by which legal obligations are met. It is because neither men nor women can simply walk out of a relationship without having any responsibility for the well-being of their partner. This website will guide you through the whole process of divorce. 

In normal circumstances, divorce is granted in two ways, namely divorce by mutual consent and contested divorce. 

Mutual Consent Divorce 

In this type of divorce, both parties consent to the divorce. During this separation, both parties agree to maintain an amicable relationship. There are many ways to legally dissolve and end a marriage. A marital settlement, child support, and child custody are mutually decided by the parties.

  • Initially, both parties must file a joint petition with the family court. Together, the parties in the joint petition state that due to irreconcilable differences, they cannot stay together and should obtain a divorce. This document also contains the agreement on property division, child custody, etc.
  • The Family Court will then set a date for the parties to appear with their counsels after both parties sign the petition.
  • After reviewing the petition and documents filed by the parties, the court makes a ruling. Once the court is satisfied, it orders the parties’ statements to be recorded under oath. In the wake of recording the statement, the court passes an order of first motion.
  • Parties have a period of 6 months to file the second motion after the initial motion, and 18 months after filing the first motion, they must file the second motion. 
  • Upon complete satisfaction of the agreement and intention of the parties, the family court will issue a divorce decree, and the divorce becomes final.

Contested Divorce 

It refers to a divorce in which one party to the marriage utilizes legal remedies to seek divorce even when the other party to the marriage opposes it. In addition, it also includes situations when both spouses agree to divorce but have a disagreement regarding any issue related to such divorces, such as custody of children, alimony, property division, etc. In this case, a divorce lawyer files a petition in family court, and the other spouse is notified.

  • In the first place, you must hire a divorce lawyer who will file the divorce petition and submit the required documents. 
  • Courts send divorce notices to your spouse following receipt of the divorce petition so that they can appear in court and answer questions.
  • Women who are unable to support themselves financially can file a maintenance petition for themselves and their children.
  • When children are involved, either party can file a child custody petition through their lawyers. Taking into account the child’s welfare interests, his/her age, and other factors, the court grants custody.
  • Joint property owned by the parties is also divided by the court.

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