The divorce process is often difficult and overwhelming. There are numerous practical issues to handle, such as filling in and filing the required paperwork and attending court hearings. The financial implications are also quite significant because you will need legal counsel. In addition, the divorce period can cause emotional upheaval. Therefore, if you have decided to apply for the termination of the legal matrimonial union between you and your spouse, you must ensure that the process is as short and simple as possible. Consider the outlined guidelines for avoiding a prolonged divorce.
1. Understand the Relevant Laws
Most people have unrealistic expectations when applying for a divorce. In simple terms, the process is often misunderstood due to misinformation. It is important to understand that a divorce is not as simple as making a request in court. There are laws and procedures to which one must adhere. If you attempt to avoid the rules or fool the court, the divorce might become longer and messy. Therefore, you should acquire complete information on eligibility, costs and joint or sole applications.
For instance, it is essential to note that there is a no-fault principle in place. You will not get a divorce due to perceived wrongdoings by your former spouse. The divorce can only be initiated after a separation of at least a year, proving that the union is irreparable. You will also not be given preferential treatment if your marriage was short-lived. In most cases, people who have been together for a period shorter than two years will need to prove that they have attended counselling.
2. Consider the Children's Well-being
If you have children, you should ensure that they are considered during the divorce. A divorce will be prolonged if you do not have an appropriate plan for parenting. The court will always strive to protect children. Therefore, you must demonstrate that they will not be neglected due to the end of your marital relationship. Where possible, you should create a parenting plan and file it in court. However, if you cannot come to an agreement with the other party, you can consult your lawyer on court-mandated parenting orders.
3. Prepare for Property Division
Property division is a common point of contention during divorce. It can extend the time required before complete freedom from the former spouse. So, if you can, you should aim for a legal agreement with your spouse and your lawyers on the division of assets and liabilities. If this is not possible, you will need the court to make financial or consent orders.
To learn more, contact your local family law office.Share