If you need a divorce, it is easier and less expensive to get custody, access, guardianship and/or support orders in the regional court first. Then you can only ask the Supreme Court for a divorce and settle the property issues. Learn more about divorce and separation… You can also get a divorce if you can no longer live together, because a divorce is the legal end of a legal marriage. Only the Supreme Court can grant divorce. In a controversial divorce, the judge decides what to do about parenthood, support, property and debt. A divorce on the desk is a process by which you can obtain a divorce decision without having to appear before a judge. It is also called a non-jury or uncontested divorce. You can file for divorce once you and your spouse have resolved other family law issues. Any person prosecuted must be formally informed of the legal proceedings; this also applies to a single application for uncontested divorce proceedings. Your spouse must be served by personalized services. This means that the notification of the right to the family, filed by the court, will be served physically. You can`t use the document yourself.
You must have someone else, at least 19 years old, to leave the notification form submitted to your spouse. With this action, none of the spouses must serve the court documents on the other side. Thus, you can apply for the divorce order on the same day you file your joint application. That is as long as the one-year separation period has expired. Spouses can handle debt sharing in a separation contract. In the meantime, they will have to make decisions about paying family bills. Does the spouse who can live in the house have to pay the mortgage? Who pays for credit cards and utilities? Our information on property and debt sharing has more to do with this. An agreement may establish that spousal assistance is reviewed at some point. This is important because the circumstances of the parties can often change over time.
If the spouses do not reach an agreement and both spouses want to avoid the judicial system, the first and best option is to arbitrate with a third party in order to reach a fair agreement. The alternative is to apply to the court system for a sp assistance decision. The end of a relationship is very difficult. There are many issues to be resolved and decisions to be made. But this practical step can help: agree on a family law agreement on which you and your spouse agree. Learn more about separation agreements. Successful divorce mediation creates a non-binding written agreement that forms the basis of the separation agreement that can be filed with the court. If approved, it becomes a legally binding contract with the same enforcement procedures as a court order.
Divorce mediation is a much more economical and time-consuming way to resolve your differences than to go to court.