Sunday, June 21, 2015
How To File For Divorce In Essex
Essex divorce process is not a lengthy one in fact it is very simple for its residents to follow. Residents of UK are advised to comply with the rules and regulations so that there would be no problems for them in getting divorce. In Essex you can apply for contested as well as uncontested divorce. Choice between uncontested and contested divorce makes it easy for applicants to apply and there is no need for anyone to prove the other partner guilty. Mutual misunderstanding between the marital partners can also be the case for getting divorce. A step by step Essex divorce process is discussed as under. If you want to find good Solicitors in Essex, than be sure to check familylawsolicitorsinessex website.
Steps For How To File For Divorce in Essex
1: First of all any spouse from the couple have to apply through a petition in Essex for divorce. The petition should be entered in the residential court of UK which is related to resolve all the issues and causes related to marriages.
It is the responsibility of the applicant to inform about the divorce application to his or her spouse. In fact the residential court of UK prefers cases in which both spouses mutually want to dissolve their marriage. After this notification process, it is compulsory for both the partners to present in all hearing called by UK Residential court.
2: The first step in the procedure of divorce is the settlement of major issues between the partners. Court allows both the partners to do mutual settlements of various issues in their marriage. For example the issue of child support is very important for both the partners and it is better for them to solve it mutually. The effects of this joint consent are always better for the children. Likewise there are many other issues which need to be resolved in both the spouses. Essex divorce process allows partners to make best decisions for them. In case it is difficult for the marital partners to decide things with mutual consent then court take actions and find legal solutions for them. There is a pattern for settling down all these issues for applicants.
• First of all the issues of alimony for the spousal partners are resolved by the court. This is a kind of financial support for a partner who is incapable of living on his own. Alimony should be provided to the spouse till court finds it necessary. There are specific timings and duration of alimony depends upon the situation of different cases. In most of the cases except some exceptions alimony is a source of livelihood for the wife. Husband is liable of giving a certain amount of money to his former wife so that she can live her life peacefully. The duration of alimony depends on the circumstances and decision made by the respected court. For example if one of the two marital partners are going through any medical conditions like mental retardation then the other spouse have to provide the alimony until he recovers from the disease. Similarly other in-capabilities like physical disabilities can cause the other partner to pay alimony.
• The second step is the division of property among both partners. There are many facts which are kept in mind while distributing money among the partners. Court keeps a vigilant eye on the earnings of partners, their inherited properties, their recent business deals and their contribution in providing finances for the family. Apart from these issues there are some other matters which are discussed under special circumstances. In any case residential court of UK makes sure the equitable distribution of money and property between both partners. There is one thing which should be kept in mind that here equitable distribution doesn’t means the equal distribution of money. Instead of equal distribution it means fair division of property between both marital partners.
• Third most important issue to be resolved by the court is the custody of children. Various factors are determined before deciding that who is going to take care of the children. Previous track record of parents about their child care is keenly observed and then final decisions are made. Remember child custody is different from child financial support. Decisions for both matters can be different and no matter whoever is going to be the custodian of children both parents can meet their children freely. Child support can be the responsibility of both parent or on a single parent; it again depends on the various conditions. The major goal of UK residential court is to provide excellent living conditions, schooling and all other facilities to the children.
3: If all these issues are settled between partners then court is not authorized to make any kind of changes in the declaration. So that is why it is always recommended for the couple to make decisions by them. There is much less chances of disputes in cases where marital partners are successful in resolving their issues without the interruption of court. In case of contested divorce the procedure is much time consuming and can be expensive for the partners. Initially UK court arranges for a mediator to resolve issues among the partner to come up to a final decision. If this informal mediation fails to accomplish the desired tasks assigned by court then the next procedure to be followed is the trial of both partners. Trial is a long process and usually applicants want to resolve their issues without facing all these lengthy procedures.
4: Next step in Essex divorce process is the issue of a summary disposition about the case from the court. After that summary a final hearing for the partners is conducted by UK court. In the hearing once again all the contested and uncontested issues of divorce are discussed. In these hearings the final decisions are made and concealed which should be followed by both the parties.
5: Partners have to have a sign a final agreement that all issue are resolved. Then residential court of UK allows the legal dissolution of marriage.
at 11:51 PM