Marriage & Separation Advice How to get a Divorce
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| How to get a Divorce |
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A divorce petition is generally a complicated and sometimes expensive process wherever you are. You can save yourself a lot of trouble if you go into a divorce with enough information to navigate the process in your local authority. Below we discuss the basic steps and prerequisites that you need to complete before obtaining a divorce in the United States, UK, and Australia. Getting a divorce in the United States:Family law in the United States is probably the most complicated and convoluted in the world. There are elements of Federal, State, and County law that can come into play, depending on your circumstances, and where you are. For the most part, however, divorce is covered by State law. As such, you need to research the individual features for your state. Information on this is easy enough to find [or link to state index page], so when researching your particular state, be sure to make a note of the following things: Divorce prerequisites: What conditions must be met for the petition to be granted? For example, a California divorce petition requires that the applicants have lived apart for a period of six months. Other states may have different regulations here. Cost: Take note of the fee for submission of each form you might need to lodge. This can become quite a costly process, before any litigation is even considered. Lawyers: Will you need any legal help to conduct your divorce? If there's likely to be dispute, or you are unsure of how to proceed through your divorce, the short answer to this is yes. Children: Most states have a number of different requirements for divorces that involve any children. Additionally, the custody arrangements differ quite markedly between different states, and this only gets more complicated if visitation arrangements go across state lines. Getting a divorce in the United Kingdom:The divorce process commences upon the filing of a Petition For Divorce to a divorce county court, on a form supplied by Her Majesty's Courts Service. To be eligible for divorce, your petition must meet a number of requirements. For a divorce to be granted, a petition for divorce must provide any of a number of accepted proofs that the marriage has "irretrievably broken down". These include adultery by the respondent; misbehavior so bad that the petitioner cannot bear to live with the respondent; desertion by the respondent for a period of two years; spouses having lived apart for a period of two years, and being in agreement over the divorce; or if the respondent is not in agreement, having lived apart for a period of five years. If there are children involved, you are also required to fill out a Statement of Arrangements with the court. You need to be able to produce a copy of your marriage certificate with your petition. If you don't have one, you can obtain a copy from the Registrar of Births, Deaths, and Marriages in your locality, or the Office of National Statistics. You will need to pay fees when you submit a petition, and when you are eventually granted the decree absolute by the court, which is the legal order that makes the divorce binding and final, as well as administration fees for any child support arrangements that the court needs to rule on. Financial relief is available for individuals who may have trouble paying these fees. You will only need to hire a solicitor if either spouse disagrees over any of the terms of the divorce, including child custodial arrangements, or if you need legal advice; for example, if you do not know whether you have grounds for divorce. Getting a divorce in Australia:The Australian divorce procedures have been made reasonably streamlined, and are uniform throughout the Commonwealth, as divorces are administered by the Federal government, not the individual State and Territory governments. To obtain a divorce, applicants need to apply to the Federal Magistrates Court (not a local Magistrates Court.) for a divorce by completing an Application for Divorce Kit, and filing it with the Court. When lodging an application with the Court, the applicant (or applicants) must provide proof of identity, proof of having been married (for example, a Certificate of Marriage), proof that your marriage has broken down beyond repair, that you have been separated for at least one year, and that you have legal residency within Australia. Unlike most other countries, Australia does not require that a divorcing couple cite a reason for the collapse of their marriage - it's enough that they make the declaration that the marriage has collapsed, and therefore, all are considered no-fault divorces.. There is no guarantee that the Court will grant your application on the first occasion, as it is not unheard of for a Magistrate to request additional information to that provided with the application. The cost is $273 for each application. If the spouses apply for a divorce together and are in agreement on the terms, they need only lodge a satisfactory Application for Divorce Kit for the divorce to be granted. If an individual lodges the Kit, they are referred to as a Sole Applicant. Sole Applicants have the additional requirement of making reasonable effort to serve their application on their spouse, for which they also need a Divorce Service Kit. If a respondent wishes to object to the application or any of the facts of the application, he or she has the right to do so by filing a Response to Divorce. |
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