Marital dissolution
The procedure for ending a lawful marriage is governed by The Divorce Act of 1985. When a couple's marriage deteriorates, they have the option to file for divorce in either the Superior Court of Justice or the unified Family Court.The dissolution of a relationship is always challenging. Chandra Law Group offers assistance in managing and providing advice services throughout challenging circumstances.
To obtain a divorce, it is necessary to establish one of three grounds: either a period of one year of separation, adultery, or cruelty.
(1) One-Year Separation
In order to obtain a divorce based on a one-year separation, it is necessary for the couple to have lived apart and independently for at least 12 months, without any possibility of reconciliation or living together. Either partner has the ability to submit an application at any given moment, and the court will approve it once a full year, or 12 months, has elapsed.
If the couple resides together in the same household for a period of 12 months, several aspects are taken into account. These considerations include, but are not limited to, physical separation, communication between the spouses, and the presence or absence of shared activities.
(2) Extramarital affair
Adultery is the act of engaging in consensual sexual intercourse with someone other than one's spouse while being married. This concept currently includes sexual acts of an intimate nature between individuals of the same sex. Only the victim, not the one who committed the infidelity, can utilize this reason. Under these conditions, the court has the authority to issue an expedited divorce, eliminating the requirement of a one-year separation term.
(3) Inhumanity
Demonstrating to the court that your spouse has subjected you to cruel treatment during your marriage is an additional situation in which the court can award an expedited divorce without the requirement of a one-year separation period.
Various criteria are considered to ascertain if a spouse has been subjected to cruelty. This encompasses any malevolent or superfluous imposition of agony or distress onto the physical, mental, or emotional well-being. The behavior must not be insignificant and must make living together impossible.
Uncontested
Obtaining a divorce does not need entail a legal dispute. A significant number of divorce cases are classified as uncontested, indicating that the couple is capable of resolving their disputes without the need for a trial. Despite conflicts and differences of opinion among divorcing couples, it is feasible to distribute property and assets and establish child custody arrangements without resorting to litigation.To be eligible for an uncontested divorce, both you and your spouse must reside apart for a duration of 12 months, or one year. Additionally, if there are any children involved, there must be appropriate arrangements made for their well-being.
Contested
A disputed divorce occurs when spouses are unable to reach an agreement on important matters such as child support and custody, division of property and assets, and spousal maintenance. Various dispute resolution mechanisms, such as mediation and arbitration, can be employed to address specific concerns. If these methods fail to resolve the disputes, the involved parties must resort to litigation and, if required, proceed to a trial in court.Divorce between individuals of the same sex
Following the enactment of the 2015 Civil Marriages Act, which allows same-sex couples to marry, the term of "marriage" in the Family Law Act now includes both same-sex and heterosexual couples. Furthermore, the Divorce Act provides a definition of "spouse" that includes both same-sex and heterosexual couples.
Therefore, all acts are equally applicable to both heterosexual couples and same-sex marriages. The allocation of property and assets is governed by the Divorce Act and the Family Law Act, in addition to matters concerning child custody, maintenance, and visitation rights.