A marriage is a commitment of two individuals to live together, with each other and for each other. It is a commitment that extends beyond physical relations to the emotional ones also. It also encompasses the finances of the two individuals and extends to various social factors also.
There may be reasons for an individual to believe that his or her marriage has come to a standstill and there is no breathing space in it. It may seem that getting out of the marriage is the only solution available. It may be owing to severe emotional stress or financial problems or any number of causes.
One must sit back and quietly try to analyse why he or she got married in the first place. What were the expectations from the spouse? Where have things gone wrong? Whether or not the problems can be addressed via a thoughtful and mature mechanism of sharing the feelings with each other. Only after all available avenues of continuing with the marriage have dried up should one take the first steps towards divorce.
Divorce or legal separation from their spouse can be a very traumatic experience for any individual. There may be a large number of issues to contend and consider. One may not understand where to begin in the first place. It is important to have a clear idea of the divorce process.
The first criterion is, of course, that the individual should have been married for at least one year prior to the start of the proceedings. In order to start divorce proceedings one has to begin with filing of a divorce petition. These petitions are available in a form format at leading stationers or the website of HM courts service. The filled divorce petition has to be submitted at either a divorce county court or to the family division’s principal registry in London. It will be required to explain why the divorce is being sought in the first place.
The court will consider all aspects of the litigation and only after being convinced that the marriage has come to an effective end, will the divorce be granted. In order to convince the court of the same one has to prove that at least one of the major reasons is true.
Reasons for divorce
Adultery: Adultery is undoubtedly the biggest cause of divorce. As marriage is based on vows of faithfulness to one another, any deviation from them is looked down sternly by the law courts. If proven effectively, then adultery is a very strong ground for divorce to be granted.
Unreasonable Behaviour: Any unreasonable behaviour such as over-possessiveness, or finicky behaviour, an over-demanding partner, physical or emotional abuse etc. are all grounds for divorce.
Desertion: If the spouse has deserted his or her partner for a period exceeding two years, then the very basic concept of marriage, which is togetherness, is nullified. As no marriage can be consummated if the husband and wife are not staying together, their staying apart is another strong ground for divorce.
Separation: If both individuals have decided that they have to part ways, then they can stay separately for a period of at least two years. If even after the given period they wish to lead independent lives divorced from each other, then proving separation in the law courts will also result in grant of divorce.
Longer Separation: If the given two individuals have not come to an agreement about divorce, then the bare fact of being able to prove in the court of law that they are staying away for five years, is a ground for divorce.
The Divorce Process
Once the divorce process has begun, the initiator will have to supply various details such as the marriage certificate, details regarding children etc. Thereafter the petition will be served by the courts to the other partner, who will then have eight days to reply to the petition. In case the petition is not acknowledged, then the court may appoint a bailiff to serve the petition.
Thereafter it is up to the other partner to decide whether or not to contest the divorce. If the court is satisfied on account of the grounds being sufficiently strong, then it can issue the Decree Nisi. After the court has issued the Decree Nisi, one can apply for the Decree Absolute after six weeks and a day has elapsed. If an application for Decree Absolute is not made in due course, then either partner can apply for it after a lapse of three more months. This is the final stage of divorce and both individuals are free to remarry thereafter.
