Divorce Guide |
What Happens after I Retain a Solicitor?Gone are the days when there were less of divorce and marriages were long lasting. But today, the whole story has changed to marriage as a temporary form of partnership. The first thing before filing an application for divorce is to hire a lawyer for the case, who will further represent the applicant in the trials. After you retain a solicitor, you may discuss things and plan the way you desire the divorce should go and at what level negotiations should take place. As you retain the solicitor, the initial step you should take is to, file a divorce petition in the court. The petition will contain a duly signed divorce form with a reason to separate and affidavit which will contain the list of personal belongings and assets on the name of applicant. Procedure of the divorce:The court then looks upon the application and if satisfied then the court will send an order to the respondent to answer in next seven days. It is when the respondent answers to the application then the actual case is started in the court room. The initial step is all seen by the solicitor as it is most crucial to decide the reason for the divorce, which can vary from, unreasonable behavior, adultery to separation for more than two years with or without consent. The next division would be of the assets belonging to both the parties, in which items from personal assets to luxury things, family home, joint accounts and debts will be taken into account. The family assets are most difficult to divide or manage especially when there are children involved. All the assets are first listed and then both the parties are asked for negotiation. If they divide it themselves according to self interest and requirements it is best for both of them. Otherwise the court then decides and split the assets seeing the income, expenditure, needs and money involvement. If there are any children involved in the marriage child’s custody is major issue between the couple. The court generally decides in the welfare of the child, if the child is minor he or she is given to the mother and if major, he or she is asked about the parent whom she or he is more attached. All of these takes up 6weeks, but there might be chances that it takes long, if both the parties are not agreeing to the split of wealth. The child custody on the other hand is given to the parent who identifies best with child’s interest and works well for the future of his or her child. After all these and more proceedings the divorce is signed and the couple is separated with a new life to their parts.
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