Divorce Lawyer In Chicago STEPS TAKEN DURING A DIVORCE
Divorce Lawyer In Chicago
A divorce is a very serious step that couples must give a lot of thought to before undertaking. It is not a step that should be taken lightly especially if the couple in question has children or joint property.
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It is vital that several issues be agreed on by a couple before they go through with a divorce. If an agreement is not reached on these matters, then the divorce will end up taking a longer time to be concluded. A highlight of such issues includes the reasons that the divorce is being sought, arrangements for how the children will be catered for after the divorce as well as how any joint property or money will be handled.
Four stages are involved when instituting divorce proceedings. Step number one is settling on what the reasons for the divorce are. Before a court decides to grant an order of divorce, it needs to be satisfied of the reasons that are put forward. Legally, these reasons are termed as facts and grounds for the divorce. Below is a summary of some of the facts and grounds of divorce that the law recognizes.
Adultery is one of the main grounds that can be used to seek a divorce order. If one spouse willingly has sexual relations with any other person than the other spouse, then adultery is deemed to have been committed. Proof has to be given that adultery has been committed before it is accepted in court. This is often in the form of giving details of the adultery such as where it took place or where possible, an admission of adultery from the spouse accused of committing it. Another ground is unreasonable behavior by the other spouse.
Instances of physical and emotional abuse fall within the ambit of unreasonable behavior. Proof of such behavior ought to be furnished in the form of either admissions or statements from friends or doctors. Finally, there is the ground of desertion which can be used when seeking a divorce. When a spouse leaves the marital home without the consent of the other spouse for an extended period of time so that the marriage ends, desertion is deemed to have occurred. A separation of the couple that has lasted for more than five years is also termed as being a desertion.
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Step number two in divorce proceedings is that of filing a divorce petition. Filing is done in a court and may be carried out by either one of the spouses. The process of filing a divorce petition is dependent on the local laws governing the area in which the divorce is being sought.
The next stage involves the application for a decree nisi. This is a statement by the court in the form of a document that it is not opposed to the divorce. By virtue of this order being a pending one, the court may revoke it if it sees fit.
A decree absolute is the document that legally ends the marriage in question. It can be granted any time between six weeks and three months after the court has granted the decree nisi.
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