Relationships constructed by humans can often be fragile. The strongest of bonds can be broken within moments or so. Marriage, one of the most complicated yet beautifully netted bonds, also can end in a way not predicted or even wanted by the fellows involved. Divorce, a topic controversial in every corner of the world, is an important aspect of lawful human nature. Two individuals might have walked out of each other’s lives, not wanting to be a part of / sharing similar habits. But the lawful justification of such an act after marriage is what Divorce is. Many steps must be followed during the hearing of a divorce case. If you want to know more about such, you can refer to divorce attorney Birmingham.
What is Divorce?
Divorce can be explained by the Court’s lawful dissolution of one’s marriage. Divorce is terminating the marital union of a previously harmonious couple, who now have lost all sorts of affection, for whatever reason it might be, and now wants to walk out of each other’s life legally. A divorce frees you from any legal duties that you must follow if bound by the lawful bond of marriage.
What are the types of Divorce?
Lawfully, Divorce can be differentiated into two broad categories. One, where the Divorce has mutually consented. And secondly, where the Divorce is not mutual and is contested. Divorce cannot be filed by a couple or any members involved within the first year of the legal marriage. In case of a mutual consent divorce, it can take between 18-24 months. And in case of a contested divorce, the time required can be extended to 3-5 years because of the complication of the various processes involved.
What are the steps involved in a divorce case?
Here the steps may vary, depending upon the divorce request filed.
In case of a mutually consented divorce:
- A joint filing of a divorce petition by the partners is required
- Legally bounded Husband and Wife should appear in front of the Court to record statements
- The Court examines petitions and documents to try reconciliation and records statements.
- The second motion is filed within 18 months of the first motion
- The Court grants divorce.
In case of contested Divorce:
- Filing of the petition by any one member of the marriage
- The Court calls for a reply from the other spouse
- The Court is going to give time to rethink the decision
- Examination of evidence
- Both parties present their final arguments
