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

·         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 party’s statements

After the possible reconciliation, if the spouses stick to the same assent as before then eventually, the court will record both the party’s 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.

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.