My son is currently on remand waiting trial. We have had a really tricky time over the last year learning about some of the things that he has been doing, but we want to make sure that we support him through the trial so that he can get a fair process. Having family on your side can help the prisoners to have an easier time at trial and can often help the lawyers to provide the strongest possible defence in court. This blog explains how family members can help to make sure that legal process goes smoothly and that the lawyers get all of the resources that they need.
When two people who were previously married start to drift apart, the end result may appear to be inevitable. They may go their separate ways from a big picture perspective, even though they may continue to live under the same roof. In such a situation, both of the parties may apply for a formal divorce, and the procedure may be relatively straightforward. However, what if one of the parties does not wish to take any action at all?
If you have decided that you want to seek a full divorce and start to date other people, you will want this entire situation to go away as quickly as possible. Yet you may be concerned as your "ex" is not very communicative on the subject or may be unwilling to join with you in lodging the paperwork.
Starting the Process
However, this is not the end of the world, especially if it is clearly obvious that you are no longer a married couple. You will just need to follow a specific procedure and make sure that the other party is fully aware of what you're doing.
Serving the Notice
To do this, you will need to create an application for divorce and make sure that it is "served" on your former partner in the proper way. You can hand this job over to a professional process server, or it can also be handled by anyone else over the age of 18. Once the document has been either handed to the party or set down in his or her presence, proof of service has been established.
Making a Ruling in Court
The court will then look at the situation in the cold light of day. If it is clear that you are no longer together, that the marriage has broken down and cannot be retrieved, or that you have been separated for at least a year, then the divorce will likely be granted. In this case, it doesn't really matter if the other party is passive or, indeed, if they oppose the application. In fact, it may not be necessary for the other party even to attend the divorce hearing.
Getting It Right
Of course, you will want to make sure that this is done properly from the start. This is why it is very important to get an experienced divorce lawyer on your side to set the process in motion.Share
25 March 2020