Understanding Divorce Procedures The Easier Way

By Author: Jo Alelsto
Total Articles: 405
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Conceiving the idea that love could be eternal is such a wonderful concept to behold. But as the old cliché goes, nothing is permanent except change. Hence, feelings grow and outgrow and love sometimes becomes a pigment of a once happy relationship. And so, in marriage, divorce does ring a bell. In fact, most couple reverts to this kind of solution to solve conflicts or better yet, end something that was once a beautiful beginning but was never meant to be.

As defined, divorce is one way of terminating the agreement or vows incorporated in marriage. As a legal process, any couple can file for a divorce under justifiable cause as mandated by the law to terminate their marriage. However, divorce laws differ to a great extent around the world. In fact, in some countries, divorce is not even permitted and is never honored, such as in the Philippines and in Malta. Certain provisions do allow annulment, however, in lieu of divorce but under particular circumstances.

In the United States, divorce laws may vary from one state to another. The provisions mandated by the law are carried on by the state governments ...
... and not by the federal government. For example, states such as New York and North Carolina call for at least a year of physical separation supported by the law before couples are allowed to file for a formal divorce. Then again, no-fault divorce based on irreconcilable differences is already obtainable in all states in the United States.

With such variation on legal proceedings of divorce, many people are confused as to how they should start working on the idea in a certain state or in what state should they file based on certain circumstances. Moreover, other areas of concerns are included, such as fair division of family assets, child support or alimony, etc. and these things should be recognized when filing for a divorce. Not all states may provide the same provisions for these considerations; hence, it is equally important to seek professional advice from the experts to ensure appropriate solution.

Furthermore, not all cases of marital conflicts can easily be filed for a divorce. Even if divorce laws are available in the United States, certain provisions protect the well-being of the parties concerned. Hence, it is important that the person filing for a divorce should be able to provide reasons or must establish facts that will support the allegations.

Before filing a divorce, the petitioner or the spouse seeking a divorce must file in the law of Court. However, the petitioner must establish facts first to support the allegation that the marriage has gone down and stopped working irretrievably. Facts to be established are as follows:

1. Unreasonable behavior

The petitioner can file for a divorce if he/she can no longer live with and cannot be rationally be expected to live with the respondent (spouse) because the respondent behaved unreasonably.

2. Long-term separation

Divorce is applicable to couples who have been separated or have lived apart continuously for at least five years immediately prior to the presentation of the petition. However, the petitioner can seek a divorce in as early as two years of continuous separation if the presentation of the petition is done immediately and if the respondent approves to a verdict or ruling being granted.

3. Desertion

If the respondent has abandoned the petitioner for an uninterrupted or constant period of at least two years immediately before the petition is presented, the petitioner may seek a divorce.

4. Adultery

Being the most powerful and reasonable grounds for divorce, adultery can definitely be used by the petitioner to seek for a divorce and that the concerned party can no longer tolerate the relationship and cannot reasonably live with the respondent.

After such facts have been established, the petitioner can freely seek a divorce and can file for considerations in other areas such as alimony in lieu of the provisions stated in divorce laws. Since the process can be very complicated, it is important that the petitioner seek professional help and advice from the experts to guarantee justifiable execution of the decision or verdict.
Jo is a content writer for ‘Betteridges Solicitors' (http://www.divorcesolicitor.com), a leading matrimonial and family law firm stationed in UK. If you need the assistance of an expert divorce solicitor who could offer you with the proper Divorce advice or would like to learn more regarding divorce, prenuptial and separation arrangements then you should take a look at Betteridges Solicitors.