In order to apply for a divorce, you must demonstrate that there has been a break down of the marriage and that there are no reasonable prospects for reconciliation. Generally for there to be a breakdown of the marriage the parties will have to be separated and living apart for a year. This requirement is waived in cases of adultery, and physical or mental cruelty would make living together intolerable. Therefore the starting point for most divorces is around a year.
Once you have been living apart from your spouse for 12 months you will be able to begin the divorce process. The first step in this process is to file a divorce application and pay any corresponding court fees. If both parties agree to divorce you can file a joint application for divorce, which may cut down on wait times. If not one spouse will issue a divorce application against the other, once the divorce application has been issued and served upon the other party they have 30 days to file an answer to respond to the application for divorce. If the party fails to respond then the divorce becomes uncontested.
After thirty days have passed the applicant will then submit an Affidavit for Divorce and an Order for Divorce with all of the corresponding forms and applicable fees. Once filed with the court a judge will review the documentation to make sure all of the requirements for divorce have been met. It is worth noting that the Court may refuse to grant a divorce where reasonable arrangements have not been made for the children.
After the Court approves your divorce it will issue your Divorce Order and send it to the parties in a sealed and stamped envelope. Your Divorce will then take effect on the 31st day after the Divorce Order was granted.
The process described above is that of a simple divorce, but if there are more contentious issues such as spousal support, child support, and division of property, the process will likely take longer. Here are some tips to obtain a divorce in the quickest way possible:
1. Make sure you and your spouse have been separated for at least a year.
2. Consider applying for a joint divorce.
3. Consider whether you are applying for just a divorce or additional claims.
4. Ensure that adequate arrangements for the children have been made.
The lawyers at Nussbaum Law have extensive experience in assisting clients with divorces.