If a marriage is not a bed of roses anymore, one partner may decide to opt out of the relationship and therefore file for divorce. When this happens, the other spouse is served with divorce papers, signaling the beginning of the end of the relationship. The problem with most couples is that they treat the divorce process as an opportunity to settle old scores. This only serves to prolong finalisation of cases, and it increases legal fees paid to lawyers. If you are currently considering getting a divorce to end your marriage, here are a number of important tips you can use to ensure a smooth and successful process.
Consider filing for divorce on a no-fault basis
You have two options when filing for divorce: fault-based and no-fault divorce. Fault-based divorce is when you want to end your marriage on grounds of adultery, domestic violence, abandonment, substance abuse and so on. These cases often take a long time to finalise because the accused party rarely admits culpability for what they are being accused of, and the plaintiff bears the full brunt of proving the defendant's fault.
No-fault divorce, on the other hand, is where the spouse seeking to end the marriage does not accuse the other spouse of doing something wrong. The plaintiff may file for divorce on grounds such as loss of affection, irresoluble differences, and irretrievable breakdown. In typical situations, these cases take a relatively shorter time to conclude because no one's good reputation is at stake. Unless you can prove beyond reasonable doubt that the other spouse committed a serious fault against you, it would be better to file for divorce on a no-fault basis.
For example, you may file for divorce on grounds of irreconcilable differences when the other partner in fact knows you want to end your marriage because of their infidelity. This way, the other party may not try so much to delay the process because deep down they know you will no longer love them the same way again.
Focus on the bigger picture
Trivialities can really derail your divorce process. Narrow your focus on things that matters the most, such as who gets custody of the children, how much alimony will be paid or received, and how motor vehicle assets and real estate properties are distributed. Don't sweat the insignificant things such as who gets to keep the new flat screen TV you bought together. You can always buy yourself another one!
To learn more, talk to your lawyer.Share
17 November 2016
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