There are certain legal steps involved when a couple wishes to go separate ways. If the right steps are taken, then the separation process is less painful for both parties and others concerned. The rules differ from one country to another and even among states. There are certain things that individuals need to consider before they opt for legal separation which can help make the court procedures smooth.
Necessity of the split-up
A divorce might not be necessary as it happens or turns out in many cases. There are a surprising number of divorces that often lead to remarriage or reconciliation within a period of a year. As any divorce filing through a family lawyer in Brisbane is a complicated process, it is best avoided if possible. Hence, couples who are undergoing problems in their marriage should seek to meet a marriage counselor or undergo a period of trial separation. Such options give them time to reconsider their thoughts on divorce and find ways to work things out. For more information on family lawyers specialising in divorce, please click here.
Different types of marriage annulment
When couples decide to opt for divorce, there are different categories of divorce to consider. The two main classes of divorce are fault and no fault. When it comes to a no fault divorce, there are usually irreconcilable differences. These make a marriage undesirable between two parties. There could be incompatibility issues as well. Often a court would require couples to undergo a trial separation period that might be a few months to a year before they are granted a petition to file for a no fault divorce.
Such details can be obtained from an experienced family law solicitor. On the other hand, a fault divorce is one in which one partner is found to be in default. These could be emotional or physical abuse, adultery, incarceration, inability to be sexually competent. When a fault divorce is being pursued, in many cases it is granted fast through court proceedings. In other cases there might be assets to be divided or alimony to be paid to the other partner. In certain cases at fault divorces often result in dirty secrets of a marriage being aired in court. Usually the right conducts while divorce proceedings are in need to be known by the couple. That is where the solicitation of an experienced person comes into play. A family lawyer who has the right experience can help a couple through such a process. Nowadays, many legal firms specialize in family law and provide experienced attorneys who can handle such client matters, and provide the right legal solution to marital issues.