How do i get divorced

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Frequently Asked Questions On Divorce Petition


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Questions 

How do I get divorced?

When can a divorce petition be issued?

An original Marriage Certificate is required when issuing the divorce petition?

Domestic Violence and living together


“Divorce is a legal process dissolving a marriage and is carried out by the Family Courts�


How do I get divorced?


“

The procedure is initiated with one party to a marriage issuing the divorce petition and is finalized with the grant of decree absolute, dissolving the marriage. However, prior to the petition being issued you must decide on what basis you are seeking a divorce.


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Grounds for a divorce There is only one ground for a divorce, that being irretrievable breakdown. This is proved by establishing the existence of one of five factual circumstances. These are:


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1. Your spouse has committed adultery and you find it intolerable to continue to live with him/her.

2. Your spouse has behaved in such a way that it would be unreasonable to expect you to continue live with him/her.


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3. You and your spouse have lived apart for two years and your spouse consents to the divorce.

4. You and your spouse have lived apart for more than five years and it does not matter whether he/she consents to the divorce.

5. Your spouse has deserted you for continuous period of two years.


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It should be noted that to just cite "irreconcilable differences" on a petition is not sufficient and one of the above five facts needs to be used giving details.


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