Check List: Proceedings of Divorce

Thursday, January 6, 2011

Choosing to get divorced is never an easy decision to make, but one comforting thing is that the steps to be followed have been simplified. Make sure to follow the proceedings and to get divorce legal advice in order to avoid complications and unnecessary costs.

A. Divorce by mutual consent

- Contact a lawyer or go for DIY divorce;
- Prepare the divorce agreement;
- Transmit the divorce petition lodged at the High Court;
- Get the call from the family court judge; and
- Proceed to the call .

Note: If the judge rejects the agreement, establishing a new one and showing it can be done within 6 months;

- Recover the modified marriage certificates and birth upon acceptance of the agreement by the judge.

B. Divorce by acceptance of the principle of marriage breakdown,
     divorce as a final break of the marriage bond,  or fault divorce

- Contact a lawyer;
- The divorce petition has to be filed by the lawyer;
- Receive a call from the family court judge to present yourself to the conciliation hearing;
- Proceed to the conciliation hearing. If there is no reconciliation, file a joint petition or an individual
   assignment;
- Receive a call from the family court judge to present yourself to the trial hearing;
- Proceed to the trial proceedings; and
- After the trial, recover the modified marriage and birthcertificates.

Note : Try to focus on the formula of divorce by mutual consent because it is much faster and cheaper and you do not want to waste a lot of time and money on this procedure.

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