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Family Law

Divorce – Family Law

You must bring a petition to the court to begin divorce proceedings. You will have to complete a declaration of plans for children if you have children. There is only one basis for filing for a divorce, and that is the irretrievable dissolution of the union. However to show the irretrievable breakup of marriage, you must prove one of the following facts: Our website provides info about Hardy Lehmann, PLLC.
1. Adultery: the respondent and the petitioner find that life with the respondent is unbearable.
2. Unreasonable behaviour: it is not fairly expected by the respondent and the petitioner to reside with the respondent.
3. Two year separation: All parties continually lived apart for two years immediately before the petition was filed, and the respondent agrees to the decree being made.
4. Separation for five years: Both parties consistently lived apart for five years immediately prior to the presentation of the petition.
5. Desertion: This has to be for a continuous duration of two years immediately before the appeal is submitted to the court.
If you apply your petition to the court and if children are involved, your wife agrees to the separation and the plans for the distribution of assets and custody arrangements, then the court will provide you with your nisi order. If you were the one who started the proceedings, you must apply for the absolute decree six weeks after this time, which would formally end your marriage. If you are not the one who started the proceedings, however, then you have to wait three months before you can apply for the absolute decree. If the respondent wishes to defend the divorce, by filing a cross appeal, they will then. This will make the process upsetting for all parties and can mean that it would take a long time to achieve an absolute decree.
If the court does not accept that the arrangements are appropriate for the arrangement of child care, then they will terminate the divorce proceedings and you will have to start the process again. If you are unable to reach an agreement on the distribution of assets and finances, the judge may allow you to continue the divorce proceedings, but you will have to make a financial order that is a formal court arrangement.