It is a general misconception that most divorces are contested. In fact, most divorce claims today are uncontested. Financial claims and the arrangements for children are far more likely to be contested and while these situations may well require litigation to enable court-ordered rulings to be put in place, it is quite rare for a judge to be faced with a contested divorce.
In actuality, the divorce is simply the dissolution, or ending, of the legal binds of marriage. If the court is satisfied that the petitioner has proved one of the five facts, and the respondent has chosen not to defend the case, it will be able to grant a decree nisi. After a certain time, the respondent may then apply for the decree absolute which will mean the marriage is over and both parties are free to remarry.
Generally, when one spouse applies to the court for a divorce, it is a good indication that the marriage has irretrievably broken down, but the respondent (the other spouse) may not agree with the ground cited. For instance, the respondent may not agree that they committed adultery, or that they deserted the petitioner for two years, and this can cause unnecessary delays and emotional stress as a judge will have to hear evidence to prove either of these facts.
Family law solicitors generally recommend that when spouses wish to get divorced they should, if at all possible, agree the ground under which the dissolution of their marriage will be granted.
In cases of international marriage, the length of time a divorce will take and how each spouse will be treated according to the law of the land can vary a great deal from country to country. It may be beneficial for one party to ensure the divorce is heard in a particular jurisdiction and this can lead to a defended divorce claim.
Where parties to a divorce are from different countries it is prudent to get legal advice as soon as possible from an experienced divorce lawyer who can advise the client as to where their interests will be best upheld. Applying for a divorce in the wrong country can lead to great expense and a less than satisfactory outcome in terms of financial relief and arrangements for children.
If you have queries about applying for a divorce, or are unsure where you should make your application for divorce, the family law solicitors at George Ide can help. Also, if you are worried about contested divorce, we can advise on the best course of action to ensure as straightforward path as possible for the dissolution of your marriage.
Where necessary, we can help arrange mediation for clients and their spouses and we have a strong track record of success in financial claims, whether it is bringing them or defending unreasonable demands.
For a no obligation discussion of your circumstances why not call George Ide LLP in Chichester today. Alternatively, for more information, why not click through to our staff profile pages which are featured on the right-hand side of this page.