Tuesday, March 6, 2012

How to File a Divorce - Divorce Procedures

Before you file for divorce, you should exhaust every measure first to save your marriage, such as entering into counseling. Before you start divorce procedures, the courts will ask for evidence that you made all reasonable efforts to reconcile, and a certification from a counselor can help. There are a number of grounds which can be cited when filing for divorce, including adultery, separation without consent for at least four years or with consent for at least three years, desertion for at least two years and difficult behaviors such as spousal abuse and alcoholism, drug or gambling addiction.The first step is to file all the necessary paperwork to the courts. This means that when you file for divorce, you will have to submit a writ of divorce accompanied by a statement of claim citing the grounds under which you are seeking divorce.
In addition, the spouse filing for divorce must also submit a proposal stating how any minor children of the union will be provided for after the divorce is finalized as well as a housing plan detailing how the shared domicile will be disposed of. Once these documents have been received by the courts, they will serve a notice of action to the respondent-spouse informing them that a divorce procedure has been initiated.
If the respondent has no objections to the grounds given, then the procedures will continue with a Status Conference scheduled by the court within six weeks from the respondent's declaration that he is not disputing the grounds. On the other hand, when you file for divorce, the respondent may question the grounds; in this case the spouses have to enter into court-mandated counseling until they reconcile or they decide that divorce is inevitable. In this case, they must file affidavits to this effect.
The final step is a three-month cooling-off period, which is considered a last-ditch effort by the courts to save the marriage. Before granting the divorce, the judge must be absolutely convinced that the union is beyond repair; to conclude the process, he or she will award a certificate of divorce. Both parties are free to wed again three months after the certificate has been awarded.
All in all, divorce procedures will take months or even more than a year depending on how long attempts at reconciliation will take. Taking this into consideration, do weigh the pros and cons carefully. Divorce should always be the last resort.
For those going through the big D, there are many resources out there that could help you alleviate the pain and pull through this difficult moment. For more details on legal advice, do refer to sgdivorce.the101guide.com

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