Saturday, September 21, 2013

Dealing With Divorce

By Kate Frank


While it is shocking news, it is not entirely unbelievable that nearly 1/3 of all marriages are ending in divorce these days. Even more than this, what were once prevalent relationships that were not marriages yet are also falling apart on a regular basis. So with so many relationships, both married and not falling apart so often, finding appropriate legal advice is crucial to making the most of this sour situation.

Among the first things to understand, is that there is nothing particularly troubling or difficult about getting a divorce. Law solicitors are responsible for sorting out the main factors in a split, such as: the financial division, the guardianship of the children, and the division of the estate.

You should not shy away from seeking this kind of legal advice if you find your own marriage is reaching an end. This section of the site can get you into contact with particular family law and divorce solicitors to help you determine the next move to make and the wisest approach for a divorce that is less messy than most. There is a separate section for unmarried couples looking to see what options exist for them in their separation.

According to the legal system of Wales and England, there is really only one way that a divorce is to be granted. This is when the court and the parties involved are able to deduce conclusively that a marriage is beyond a point in its decline that it can be salvaged or saved. This is not usually a hard point to sell either, as the base of this argument can be rooted in only one of five potential reasons.

First, a spouse must determine that their marriage is beyond repair and cannot be salvaged. Then, that same spouse must file an application to the court for divorce that is known as The Petition. From this point to the court, this spouse is the Petitioner and the other is the Respondent.

Within this divorce application, the Petitioner must detail one of five reasons that have caused the marriage to be without hope of resolve. These five reasons are: infidelity, irrational or unreasonable behaviour, desertion (for two years), separation (for two years), or separation (for 5 or more years).

There are few submitted divorce cases made to the court that are defended by one of the spouses. They are usually accepted by the court based on the submission of one of the two first listed key reasons for irreparable marriage damage. Other options require separation for two years or more, and many divorces are not presented this way.

Whoever draws up the application, should take the time to inform the other spouse about the information contained herein. Without doing this, you might be setting yourself up for potential disputes and costly battles later in the proceeding.




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