After the long arguments and debates over divorce and after over millions of couples have dissolved their marriages, some might think that the proceedings are simpler nowadays. However it is, the whole process always remains to be a brutish, nasty and generally common to everyone.
Divorce generally means the dissolution or end of marriage. It is a court judgment which requires legal grounds. A recent study concluded that wives usually initiate in almost 2/3 of all the cases every year. UK, in a yearly study pointed out certain causes why marriages end in divorce. The major causes are family stress (18%), extra marital affairs (27%), physical and emotional abuse (17%), addictions- in drugs, gambling and alcohol (6%), workaholism (6%) and mid life crisis (13%).
The court presented the most common grounds for divorce which are:
· Abusive and cruel treatment. Mental abuse is not enough to be the ground for divorce; physical abuse acts can support this ground. For example, a spouse drinking can only be substantial if one can show that his/her health suffered due to drunkenness of his/her spouse.
· Desertion for over one year. The spouse left their marital home involuntarily or voluntarily and without any intentions of returning. Desertion can only be used as ground, if the spouse can present that he/she has no consent over his/her spouse's departure.
· Inability to have sex or impotency but this ground is seldom used.
· Adultery which is sexual intercourse outside marriage. Adultery is a difficult ground because one really have to prove that his/her spouse is engaging in sexual intercourse with somebody else.
· Cruel refusal or gross negligence to support for a spouse. A spouse has neglected and refused to provide support. For this ground to be effective, one party must present that the neglect causes injury or harm to his/her life.
· Confirmed and gross habits of intoxication brought about by excessive use of opium, liquor or other drugs.
· The Penal Institution sentenced a spouse for imprisonment for five years or life.
In the divorce proceedings, certain issues need to be settled, such as support, custody and visitation of children, division of assets and debts, support of spouse, change in name, etc. If the said issues are not yet resolved, the judge will decide on the case.
To start with the process of divorce, you will have to file the pertinent documents and the Complaint for Divorce in the court. The complainant must arrange for a sheriff who will give the copy of complaint to the spouse; this method is called "service process". Either party can request for temporary orders before a trial; he/she should also request for pre-trial, final hearing and the trial itself.
Once your case is filed in the court, the length of trial will depend on several factors like:
· The grounds you're presenting
· The length of time to find and serve the complaint to your spouse
· The accurateness and completeness of the documents you submitted
· The length of time each steps has accrued in the divorce process
· If the court is back logged or busy
· If your spouse disagrees or contests the divorce
· If there are negotiations or mediations in the process
Couples undergoing divorce should also look into their children carefully. Children can greatly be affected of their parents' divorce. Studies show that children of divorce are linked with cases such as crime, child abuse, poverty, smoking, educational problems, psychiatric, psychological, behavioral problems and even suicide.
Divorce can get complicated if both parties will not agree thus more depressive and traumatic occurrences can take place. It can greatly involve not only the couples but the children as well. Counseling is a good way to start and it can help in smoothening the divorce proceedings. Divorce in general, is a painful process that can gradually become acceptable if both couples try to be open minded and cooperative.
For more information on Divorce Help please visit http://www.divorce-help-101.com you can also find more information on getting a Divorce Attorney.
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