Legal Issues that arise out of divorce

  • Custody of children – who gets the kids?
  • Division of property – who gets the house?
  • Spousal support – which spouse pays which spouse?
  • Child support – who pays for the kids?

How to get a divorce.

  • There is NO SUCH THING as a contested divorce in most countries.  You cannot stop your spouse from divorcing you.  You can only delay the inevitable.

There are three ways to prove that a “breakdown of the marriage” has occurred.

  • Adultery that has not been condoned.
  • Cruelty – physical, mental, or emotional
  • Living “separate and apart” for a period of one year.
  • Adultery and cruelty will get you a divorce right away.  Living “separate and apart” means you have to wait a year.


  • Only adultery that is not “condoned” will get you a divorce.
  • “Condoned” means that you give the spouse permission to do “the deed” with someone else after the fact.
  • Any kind of sex act qualifies as “adultery”.

Living “separate and apart”

  • If you live apart from your spouse for one year with an intent to end the marriage
  • You can be “separate and apart” under one roof.  If you..
  • Share separate bedrooms
  • Lead separate lives
  • Don’t have sexual intercourse
  • Don’t have the means to live separate and apart for one year
  • Are staying in the same house “for the sake of the children”
  • Have separate finances……..then you will be considered to be “separate and apart” under one roof.

What do you file?

  • One spouse petitioning the court for a divorce (the petitioner) files …
  • a petition for divorce stating
  • the grounds for the divorce
  • the relief the petitioner seeks against the other spouse (the respondent) ie. Child/spousal support, child custody, division of property
  • An affidavit (sworn written evidence) that provides evidence to support the grounds for the divorce alleged.
author avatar
William Anderson (Schoolworkhelper Editorial Team)
William completed his Bachelor of Science and Master of Arts in 2013. He current serves as a lecturer, tutor and freelance writer. In his spare time, he enjoys reading, walking his dog and parasailing. Article last reviewed: 2022 | St. Rosemary Institution © 2010-2024 | Creative Commons 4.0

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