How to File for a Divorce Petition - PowerPoint PPT Presentation

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How to File for a Divorce Petition

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The procedure for legal separation with the mutual consent of both parties or without involves a few steps. Remember, unless the petition for separation has not been approved or the decree of divorce has not been passed by the court of law, the spouses would continue to be in the marriage. Besides, if you are willing to know more then read down below to learn the necessary steps involved to pass a divorce petition. – PowerPoint PPT presentation

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Title: How to File for a Divorce Petition


1
How to File for a Divorce Petition
The procedure for legal separation with the
mutual consent of both parties or without
involves a few steps. Remember, unless the
petition for separation has not been approved or
the decree of divorce has not been passed by the
court of law, the spouses would continue to be in
the marriage. Besides, if you are willing to
know more then read down below to learn the
necessary steps involved to pass a divorce
petition.
Step 1 Presenting the divorce petition At first,
a joint petition is to be presented before the
family court for the dissolution of the marriage.
The petition can be filed with the mutual
consent of both spouses or without the consent of
both which is known as a contested divorce. If
the petition for divorce is of mutual consent,
following the legal procedure, both the spouses
have to agree to live separately for a period or
more and thereby dissolve the marriage. Soon
after, with the mutual assent from both the
parties, the petition will be signed and
presented to the court for further proceedings.
  • Step 2 Inspection of the petition by the law
  • Next, the court would critically inspect the
    petition along with the provided documents which
    might include
  • Marriage certificate

2
  • Details proof of the profession of both the
    spouses
  • Photographs of marriage
  • Residential proof
  • Income tax statement
  • Once the petition has been dragged to the court,
    both the parties have to appear at the time of
    the hearing, as provided by the court.
  • During the inspection procedure the court may
    attempt to bring reconciliation between the two
    parties and thus, if their mutual consent still
    continues to be the same i.e. to get separated,
    then the procedure might continue to proceed.

Step 3 Recording both the partys
statements After the possible reconciliation, if
the spouses stick to the same assent as before
then eventually, the court will record both the
partys statement as an oath for future
process. Step 4 Passing of the first
motion After the statements are recorded by both
the parties, an order is passed by the court for
the first motion. The first motion is a 6 months
duration time or maximum 18 before the spouses
can apply for the second motion. The motion
period is provided so that the spouses can figure
out whether they really want the divorce without
giving their marriage another chance. Step 5
Second motion After the period of the first
motion, the parties can file for the second
motion, to precede the divorce petition. The
maximum duration to file the second petition
should not exceed more than 18 months from the
date of the petition. During the motion, the
parties can terminate their decision of divorce.
3
Step 6 The final hearing The parties who have
genuinely agreed on mutual terms to get separated
and have settled their differences with custody
of the child, if any, alimony, or any other
personal or financial issues, then six months
motion after the completion of the first motion
can be ignored or waived by the court with the
idea that the waiting period would do nothing
well but extend their sufferings and thus, the
final hearing is made by the court of law. Step
7 Passing of the decree of divorce Before making
the final call, a final agreement between the
spouses is requested on the dissolution of the
marriage. After their mutual agreement on the
dissolution of the marriage and the possible
cohabitation reconciliation, the court passes
the decree of divorce thereby declaring the
dissolution of the marriage.
If you are facing difficulties in your marriage
and desire to get separated as soon as possible
then consult the best divorce lawyers in
Calgary, THEBIL Family Law. Their highly educated
advocates thrive to solve the personal
financial matters in the best possible way. Visit
the website, and book a consultation today.
Visit--- https//www.thebilfamilylaw.ca
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