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Divorce Introduction
If you are suing for a divorce
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| [ Publication date Jan 01, 2001 ] |
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Legal documents will have to be prepared for filing at the Courts. Special Courts have been designated as the Family Courts for this. A lawyer usually drafts these documents. Some of the important documents include the Petition, the Statement as to Arrangement for Children (if they are children), the Certificate with Regards to Reconciliation, the Memorandum of Appearance and the Consent of the Respondent, if the petition is on 3-Years Separation.Once the documents have been filed and copies for service on the Respondent are returned by the Courts, these documents have to be served personally on the Respondent. It is only after these documents have been served and certain other procedures have been completed that a hearing date for the petition will be given by the Courts. Q: What happens if the Respondent is contesting the divorce? Contested divorces are usually protracted affairs and are often ugly. Both the Petitioner and the Respondent are required to produce evidence to support their respective allegations. They will have to go into the witness's box and will be subject to probing and embarassing questions by the other parties’ lawyers. After hearing the evidence, the judge will decide on the respective parties claims. If the judge is satisfied that the marriage has broken down irretrievably, a decree nisi will be granted. Otherwise he will dismiss the petition. |
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