Application For Divorce: Some Basic Information

A common axiom states: it is easy to get married but more difficult and complicated to divorce. For common people without any legal knowledge, to apply for divorce might sound a herculean task, like climbing the Everest Mountain.

The dissolution of a marriage can be a stressful situation for parties involved and for especially young children. Besides, the psychological and emotional side, we should not undermine the financial aspect especially when money and wealth are involved. If you do not understand the procedures and the intricacies of the law you can be easily swindled and wronged.

Before expounding on some general information how to file a divorce application, it is worth mentioning that the civil law differs from one country to the other. For example, some countries recognise mutual consent divorce while others do not.

Steps in a divorce application:

To curtail the stress of a legal divorce, below are some general rules how to apply for divorce:

• Before filing a divorce application, find out about the legal procedures for the dissolution of marriage, the financial implications and familiarise yourself with the different types of divorce in the country where you got legally married. Also ensure that you have all the documents needed such as Birth Certificates and Marriage Certificate

• It is best to discuss with your spouse about which type of divorce you wish to apply for, the grounds for divorce and the ‘terms and conditions’ of the divorce especially if under-aged children are involved. Often, a separation turns ‘nasty’ and conflict follows because husband and wife disagree on these issues

• It is best to hire the services of a lawyer that you trust. If you cannot financially afford to hire a lawyer, enquire about legal aid

• Fill in all the required documents for the dissolution of your marriage such as you need to fill in a divorce petition which is a legal document in which you state the grounds for divorce such as for adultery or abandonment of the matrimonial home or any other torts that you should be able prove

• In the petition you should also state the ‘terms and conditions’ of the dissolution regarding, for example, custody of children, alimony for children and division of matrimonial wealth etc. If you do not work and have the custody of young children, it is important that you enquire about the law regarding alimony

• If the divorce is not sought by mutual consent, the applicant needs to serve the petition on his/her spouse who can either accept or defend the divorce on grounds such as that he/she refuses to divorce or that he/she does not agree to certain torts

• After applying for divorce (in some countries this can be done online) the court will later inform you about the date and time of your hearing that you should attend to be informed about the outcome of your application

You should keep in mind that from the moment you apply for divorce and the hearing date, the legal procedures might be long depending on whether or not you have children less than 18 years of age, on the type of divorce you have chosen. In addition, in some instances, many hearings might be scheduled before a ruling.

David Westwick is a divorce specialist and Simple Divorce Advice contributor. David and others are responsible for Win Your Divorce – The Ultimate Workbook