What are the grounds for divorce?
- Irretrievable breakdown of the marriage
- Continuous unconsciousness of a spouse
- Mental illness of a spouse
When a marriage relationship is permanently broken down and believed to be beyond repair, it is referred to as an irretrievable breakdown. Marriages may break down for many reasons, not necessarily through misconduct by either of the parties. There are many circumstances that can lead to the permanent breakdown of a marriage.
The Divorce Act lists some of these circumstances in Section 4(2):
- Living apart for more than one year
- Malicious desertion
- Alcoholism or drug addiction
- When one spouse is a habitual criminal
- Mental illness
- Assault, cruelty or domestic violence
How many years do you have to be separated to get a divorce?
While separation (especially if such separation is longer than a year) can indicate that a married couple’s relationship has broken down irretrievably, it is not a requirement for divorce. There are many circumstances that can lead to the permanent breakdown of a marriage, living apart for over a year is just one of them.
What are the procedures for a divorce?
Contested Divorce – The recommended action is to contact a divorce attorney to arrange a consultation. The online divorce process is not recommended.
Uncontested Divorce / Divorce by Agreement – The 4-Step uncontested, online divorce process (managed by an attorney) is the recommended route:
STEP 1: Complete the divorce application form.
STEP 2: Pay the deposit.
STEP 3: Sign the divorce papers.
STEP 4: Attend at Court (with attorney).
What is an uncontested divorce?
What is a contested divorce?
What is an online divorce?
In attorney-managed online divorces, the divorce attorney will peruse the application form, discuss the contents with the client (via email, telephone call, Skype or in person), draft the necessary documents and guide the client through the specific steps. The divorce attorney will attend to the necessary arrangements at Court, the Sheriff’s offices and the Family Advocate’s offices. After service by the Sheriff, a suitable court date will be arranged. On court date the divorce attorney or his/her representative or correspondent attorney shall attend with the client to finalise the divorce.
What is an international divorce?
If the international divorce will definitely be contested, an in person consultation with a divorce attorney is recommended.
Can you refuse to get a divorce?
In these circumstances it is advisable to appoint a divorce attorney for assistance.
Do both parties have to agree to get a divorce?
Can you get a divorce without your spouse’s consent?
Can you get a divorce without the other person knowing?
If, however, the Defendant’s whereabouts are unknown, a special court application will have to be lodged before arranging an alternative method of service. The court may grant an order that the divorce summons will have to be published in a local newspaper in the area where the Defendant was last seen, via email (to the Defendant’s active email address), on a close family member of the Defendant, via Facebook (if Defendant has an active profile) or by any other appropriate method. If there is compliance with the method of service ordered by the court, but the Defendant fails to respond or defend the action, the court may be approached for a divorce on a default basis without the Defendant’s input.
Can you get a divorce online?
In attorney-managed online divorces, the divorce attorney will peruse the application form, discuss the contents with the client (via email, telephone call, Skype or in person), draft the necessary documents, attend to the necessary arrangements at Court, the Family Advocate’s offices and the Sheriff’s offices and guide the client through the necessary steps. The divorce attorney or his/her representative will attend (at) Court with the client to finalise the divorce.