First, marriage failure is a legal condition for initiating a divorce. The marriage has failed if the spouses no longer live together and it cannot be expected that the life partnership will be restored.
For this reason, the legislature created the so-called year of separation, which lies between the dissolution of the domestic community and the final divorce.
Your lawyer will be happy to help you with the divorce and check the requirements in advance. In a personal meeting, your divorce lawyer from the law firm advocate near me will be happy to inform you about the divorce costs that you will incur.
What should be considered during the separation year?
The year of separation does not necessarily require a domestic separation. So you can continue to live together in a house or apartment. Nevertheless, the separation must be implemented so that everyone has their area and manages separately. However, if one spouse does not consent to the divorce, you should not use this option, as the separation is difficult to prove in this case.
You should wait until about four to six weeks before the end of the year of separation before filing the divorce application. If you apply earlier, it may be rejected with a fee.
In the case of an amicable divorce, the year of separation is sufficient to obtain a legally binding divorce subsequently. If one of the spouses does not consent, the separation period can be extended to three years. After this period, however, the divorce can also be approved without the partner’s consent.
How does the divorce process look like?
Divorce takes place in several steps. This requires the support of your family law attorney from lawyers in Delhi. Only after the payment does the court transmit the divorce to the spouse. This includes, for example, the following things:
- pension equalization
- alimony payments
- marital home
- household items
- matrimonial property
How is the divorce petition filed?
The divorce application is a prerequisite for the start of divorce proceedings. With the divorce application, you tell the court that your marriage has failed and that you therefore want a legally binding divorce.
Due to the immense consequences, legal representation is required for filing the divorce application. Therefore, get in touch with your divorce attorney at the law firm advocate near me will help you with all issues relating to divorce.
How high are the divorce costs and who bears them?
This includes the following aspects:
- net income
- assets
- care
- pension equalization
To calculate the divorce costs, the monthly net income of both spouses is multiplied three times. There are also other cost factors.
During an initial consultation on divorce, we address these issues, among other things, to keep your divorce costs low.
The legal requirement requires that the divorce costs be set aside against each other. This means that usually each spouse has to pay their legal fees and half of the legal costs.
This also reduces costs.
When is the divorce final?
It becomes final when the court has issued the divorce decree and both partners waive their right to appeal. The decision and divorce then become final. The marriage is dissolved.
What about assets like custody, visitation, or alimony?
Divorce is not always without conflict. In particular, the topics of matrimonial property law, child support, custody, and rights of access are predestined for emotional conflicts between the spouses.
A contested divorce occurs if there is a dispute about the distribution of assets during the divorce proceedings.
Your divorce lawyer will support you and defend your interests against the other party. In principle, a joint negotiation is required for the so-called divorce association.
Spouses should decide how to proceed with the matters arising from the divorce. The half-division principle applies, according to which everything should be divided equally in a divorce. Of course, this is not always possible. Your divorce lawyer from the law firm divorce lawyers near me will advise you on this.
- pension equalization
- child support
- right of access
- spousal maintenance
- marital home
- matrimonial property
- household items
