Legal steps you should take to file Divorce

Every person's condition and circumstances are different and so are their reasons for getting separated. Some of the causes are lack of dedication, unfaithfulness, abusive behavior of either partner, etc. Getting divorced is never an easy thing either financially or emotionally.

How to file a divorce:

  1. Filling the Divorce Petition


    The process of applying for a divorce is comparatively straightforward. The applicant is required to give details regarding both parties' present residence, proof that both are separated for 12 months, and there is no way of reconciliation, a legal reason for the divorce and details of custody and care arrangements of a child under 18. In most cases, these types of documents should be attached to the petition. Parties also need to affix a copy of the appropriate Marriage Certificate to the application.
  2. Asking for Temporary Orders


    Sometimes the waiting period for divorce may not be tolerable for all couples. When you register for divorce, the court allows you to ask for temporary court orders for child custody, child support, and spousal support, alimony. If you enquire about a temporary order, the court will hold a hearing and appeal notice from each spouse before deciding how to rule on the application. The judiciary will usually give the temporary order instantly, and it will remain valid till the court orders otherwise or until the judge settles the divorce.
  3. Serve your spouse and wait for a response


    After filling the petition for divorce and request for temporary orders, the petitioner needs to give a copy of the documents to spouse and file proof of service with the judiciary. The assistance of the process can be smooth, especially if your partner agrees with the divorce and is ready to sign an acknowledgment of service. Some spouses, particularly ones that want to stay married or make the process complicated, can be misleading or try anything to defeat the process.

    To assure proper service you need to hire a professional divorce lawyer who is authorized and experienced in delivering legal documents to other parties.
  4. Negotiate Settlement


    In some circumstances the parties have different opinions on relevant topics, like alimony, child custody, support, or property division, both partners will need to work together to reach an agreement. The court may schedule mediation. Some countries support mediation, while others do not. Mediation normally saves essential time and money throughout the divorce process.
  5. Divorce Trial


    When negotiation fails and there are some issues unsolved after mediation, the parties will request the court for help, which means performing to trial. A divorce trial is expensive and consumes time, and it takes all the power away from both the partners and puts it in the hands of the judiciary.
  6. Finalizing the Judgment


    The final step of divorce begins when the judge confirms the judgment of divorce. The judgment of divorce finishes the marriage and details about how the couple will consign custodial authority and parenting time, child and spouse alimony and how the couple will split assets and debts.

Endnotes:
Divorce Lawyers in Perth WA
Divorce Lawyer in Perth

Share this Article

You May Like

Comments

Submit Your Article



Copyright Filing
Online Copyright Registration


Popular Articles

How To File For Mutual Divorce In Delhi

Titile

How To File For Mutual Divorce In Delhi Mutual Consent Divorce is the Simplest Way to Obtain a D...

Increased Age For Girls Marriage

Titile

It is hoped that the Prohibition of Child Marriage (Amendment) Bill, 2021, which intends to inc...

Facade of Social Media

Titile

One may very easily get absorbed in the lives of others as one scrolls through a Facebook news ...

Section 482 CrPc - Quashing Of FIR: Guid...

Titile

The Inherent power under Section 482 in The Code Of Criminal Procedure, 1973 (37th Chapter of t...

Lawyers Registration
Lawyers Membership - Get Clients Online


File caveat In Supreme Court Instantly

legal service India.com - Celebrating 20 years in Service

Home | Lawyers | Events | Editorial Team | Privacy Policy | Terms of Use | Law Books | RSS Feeds | Contact Us

Legal Service India.com is Copyrighted under the Registrar of Copyright Act (Govt of India) © 2000-2025
ISBN No: 978-81-928510-0-6