Relieving the pressure
Divorces and separations are often some of the hardest things a couple can go through, especially in instances where complex financial matters or child custody must be resolved.
Helping clients manage these tough decisions is a massive part of what divorce solicitors in Guildford do. The following article will shed some light on why having professional divorce solicitors on your side is a must to ease the pressures associated with divorces and separations and make sure you get a positive result out of a difficult situation.
What does a divorce solicitor do?
As separations and divorces are very personal matters, the role that a solicitor plays in the dissolving of a marriage often changes massively from case to case.
Often, the hardest part in any divorce or separation is making the initial call to a solicitor and getting proceedings underway. To begin a divorce, one member of the couple must take the first step by becoming what is known as a petitioner, making their partner the respondent.
What are the grounds for divorce?
For a petitioner to file for divorce or separation, their marriage must meet certain conditions or grounds; the separation has to be legally binding. The grounds for divorce are certain conditions that explain why the marriage has irreversibly broken down and why divorce or separation is the only course of action that could be taken.
One of the most commonly recognised grounds for divorce is when either partner has committed adultery, which is defined as having sexual relations with another person who is not their partner. Alongside adultery, other grounds for divorce include unreasonable behaviour, which is defined as acting in a way that is deemed unreasonable or intolerable.
As you could imagine, several behaviours can be defined as unreasonable, and they include domestic violence as well as withholding love or affection.
Can I file for divorce if I don’t live with my partner?
Often, people who leave their family home assume that this is enough grounds for divorce. However, whilst separation or desertion is grounds for divorce, it must be clear that either partner has abandoned the relationship and lived separately for at least two years and that both parties agree to the divorce.
If you and your partner have been living apart – either in two separate houses or in different beds – for up to two years and both agree to divorce, then the proceedings can begin. If you and your partner have lived separately for five years or longer, then divorce proceedings can be made even without the consent of both partners.
How does a solicitor help in divorce proceedings?
When a couple goes through a divorce or separation, there is a mass of legal paperwork that must be handled, such as dealing with any shared financial assets, including earnings, pensions and property.
Moreover, if there are children involved, then their best interests must be taken into account and upheld. Divorce solicitors can mediate an agreement between both parties or, if mediation is not an option, make sure that the case is presented before a judge in a way that best protects their needs.