Wednesday, September 15, 2010

Obtaining A Divorce - Step One

By Paul Myers

If you have been embroiled in a divorce then you are aware that it can be a time of heartache, and unfortunately, it can also be a time of conflict. If you and your partner have decided to split then you undoubtedly have a whole host of questions to ask; questions of how to manage both the emotional aspects and the legal practicalities that you must go through.

If you and your partner have come to the conclusion that the relationship is over, then now is the time to seek legal advice. Seeking legal advice at an early stage is a vital step in developing an understanding of how the legal process works, what you are required to do to in order to obtain a divorce and also so that you can minimise the stress that both parties will feel if the legal process becomes prolonged one. Additionally, the sooner you both appreciate the legal procedure the quicker you will both be able to start to prepare for your futures apart.

At this stage it's important to define the reason you are splitting and to select a Family Law Specialist. You may end up visiting more than one solicitor before you make your selection so it's important that you pick one that offers an initial free consultation, explaining about the processes involved and one that has experience in the field. You are then free to make an informed decision without commitment or cost.

Foundation for Divorce

There are five specific grounds for filing for divorce in England and Wales. The majority of divorce cases are brought due to the irreversible failure of the marriage through 'unreasonable behaviour'.

In order to obtain a divorce, you are required by law to prove on of the following:

* Unreasonable behaviour. * That your partner has committed adultery. * That you have lived apart for five years, in this case consent from the 'other' party is not required. * That your partner has deserted, for at least two years * That you have been separated for two years and both parties want the divorce.

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