Getting a divorce is not mandatory when couples decide to part ways. Many spouses opt for a separation instead of a divorce. However, a divorce is required when one or both spouses wish to re-marry. In such a case, a formal divorce judgement is required, with a final certificate.
Grounds for Divorce:
A divorce can be obtained on one or more of the following grounds.
• One-year separation: This is the most common way to obtain a divorce. This just means that the couple have lived separately for a minimum of one year and neither party is interested in resuming the relationship. There is no need to wait for the one year to petition for a divorce, however, it will be granted only after the one-year mark has passed.
• Adultery: Adultery takes place when one partner cheats on their spouse with another person.
• Cruelty: This can be ground for divorce if there is evidence of mental or physical abuse in the marriage and it is impossible to live together.
Variables that need to be considered when obtaining a divorce:
• Gifts and inheritance
• The matrimonial home
• Child support
• Visitation and access rights
• Spousal support
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A divorce can be a lengthy and costly process. Understanding your rights is essential so that you can exit with the best possible financial gains, child custody/support and spousal support. If a divorce is uncontested, which means that all the issues have been either resolved or agreed upon via a separation agreement, the divorce can be granted fairly quickly.
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