Legal Issues that arise out of divorce

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  • 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.

Adultery

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  • 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.

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