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Is A Divorce Lawyer Necessary

Jul 13, 2008
With more and more people getting married in the world it is only true that it means an increase in divorces. And this is where the divorce lawyers come in. It has been made a lot easier to divorce your marriage partner now since a divorce act was put into place in 1969. Before this time it was a very complicated and expensive business to try to divorce someone and the act was brought into place to help simplify a possible difficult situation.

There are strict grounds still in the present times and you need to be able to clarify one of these grounds to be able to petition for a divorce. The five grounds that you need to establish are; the other person in the marriage has committed adultery; that both people have lived apart for at least five years; that one of the people in the marriage have left the other person in the last two years; that one of the person's behaviour and attitude has been of an unacceptable level and the other person can not be expected to live with them; that both people in the marriage have lived apart for the past two years and both people agree to a mutual agreement or divorce.

Once you have managed to identify one of these grounds then you can move onto the next stage.

There are two ways to deal with a divorce, each way is different but can be as effective as each other. The two ways that a divorce can be dealt with are: by appointing a solicitor to deal with your case or by following the divorce case yourself.

With an appointment of a specialist solicitor you can argue your case a lot easier and you will have the expertise of a professional that understands and knows what happens during the divorce and can help you with any situation that may happen during the court case. But all of this costs money, lots of money in fact, and by going on your own can save the cost but you will not have the guidance of a solicitor.

In some cases people are forced to go it alone because they cannot afford to hire a solicitor without ending up with nothing. And this is the downfall with divorces they can cost lots of money depending on how long or complicated the divorce may become or last. Depending on how many days you hire the solicitor to help support your case will decide how much it will cost the person.

If you decide to handle the divorce on your own the process is slightly different than fighting your case in court with your solicitor. Instead, you have to agree the terms of the divorce stated above. Then as long as you have been married for at least one year, can then proceed through the divorce process.

First, the persons involved with visit the local court house and talk to a clerk that will help with advice and support with the circumstances you are in. Next the court will issue some forms to fill in at home that will certify that you are getting divorced. Financial relief and arrangements for children will also be handled when the person will go back to court with the forms. Then you need to hand in your marriage certificate to announce that you do not want to be married still.

You will then hand in the forms and both people will have to lay down an agreement for the divorce including children and possessions. Once the judge has clarified these are good grounds to issue a divorce then the process is complete, but to be able to remarry the parents/adults will have to fill in a form connecting to the decree of nisi. Once this has been taken back to court and seen by the judge both candidates are allowed to remarry if they decide to do so.
About the Author
Relationship expert Catherine Harvey talks to legal expert James Parker about whether divorce lawyers are necessary in this day and age.
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