kendahke Posted June 22, 2015 Share Posted June 22, 2015 I've never been married, but I've often wondered how the process of divorce goes down. Anyone have some insight? I know some nuances change from location to location, but I'm just wondering about the basic construct of the process. Thanks. Link to post Share on other sites
d0nnivain Posted June 22, 2015 Share Posted June 22, 2015 The couple decides they want to separate. One moves out. Most places require that the couple live separate & apart for some period of time. Where I am that is at least 1 year While apart, the couple most likely hires lawyers & works toward splitting up their stuff & deciding custody issues. Then they create a property settlement agreement. Once they have been apart for the requisite amount of time, they can file a complaint for divorce with a court. If they have everything worked out, it sails through. If they are fighting & need the court to make decisions, it drags out with motions (applications to the court) until they can get a trial date & have the judge make rulings. 1 Link to post Share on other sites
carhill Posted June 22, 2015 Share Posted June 22, 2015 Other than the emotional content pertaining to the intimate relationship, I found the process works pretty much like any other lawsuit in my jurisdiction. It's essentially a dissolution of a legal partnership via lawsuit. Things can go smoothly or they can go sideways. Ours went pretty smoothly. I've been involved in lawsuits over a lot less which went a lot worse. In my jurisdiction, there is a step by step tutorial on the court's web site and one can get personal help with the steps, for free, from the court's family law self-help division. They only work the process and don't advise on matters of law. We have lawyers for that. My exW went through the process three times and she was pretty calm about the whole thing. It's just business. I found that to be a wise perspective. Link to post Share on other sites
Lokin4AReason Posted June 22, 2015 Share Posted June 22, 2015 as mentioned ( depending on the state ) can be either 6 mos. to a year. some state(s) may require you to file for separation along w/ one of individual moving out at another residence once that is done, file for divorce if the couple has children, well, that is another story to the matter ( usually gets ugly in most cases ) =0( Link to post Share on other sites
TaraMaiden2 Posted June 22, 2015 Share Posted June 22, 2015 Providing both partners agree, a divorce can take as little as 6 weeks, in the UK. There is the preliminary Decree Nisi which prepares the way for the legal process to take place, and to legally sever the couple for good - but it's a period of grace, should the couple decide that perhaps they would like to try again. That is followed by the decree Absolute. That's it. Done and dusted, complete, finito. The division of property, goods and chattels can take place later. It is hoped that an amicable agreement can be reached by the parties, as to whom gets what, but often, it can come down to a Court decision, with lawyers hammering out the deal. (This happened with my divorce from my ex.) If one of the partners is unwilling, or just plain damn refuses to sign the paperwork, it can take up to 5 years for the divorce to be finalised. This can be for a number of reasons, including locating the absent spouse, which in some cases, may prove difficult, if they have moved abroad. Link to post Share on other sites
Author kendahke Posted June 23, 2015 Author Share Posted June 23, 2015 Thanks everyone! I appreciate your input. Link to post Share on other sites
Arieswoman Posted June 23, 2015 Share Posted June 23, 2015 kendahke, In UK there has to be a valid reason for the divorce. Valid reasons are listed here;- https://www.gov.uk/divorce/grounds-for-divorce HTH Link to post Share on other sites
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