The Practicalities of Divorce Under Unique Circumstances

Law Blog

The specifics and circumstances differ from one divorce case to the next. A qualified divorce lawyer will know how to handle these cases accordingly, which is why you should not hesitate to speak to one about your case.

Here is a look at some unique circumstances that some divorcing couples have found themselves facing, and what you can expect from your divorce lawyer going forward in these instances.

Married for A Very Short Time

A marriage breaking down after a very short time, even within a few weeks is not uncommon. As your divorce lawyer will advise, before the court accepts your application for divorce, you and your soon-to-be ex-partner will need to attend counselling and prove this attendance.  The lawyer can always point you in the right direction on where to get the best of these counselling sessions.

Regardless of how long your marriage may have lasted, you still need to live as a separated couple for at least 12 months before you are considered eligible to apply for a divorce order. This, unfortunately, means that you will have to contend with being married for a little longer.

Separated but Living Together

Some couples choose to live separately when they decide to separate, while others may continue to live under the same roof during this separation period.  

If you intend on going through the "separation under one roof" way, seek counsel from your divorce lawyer on the same. In this case, as your lawyer will tell you, you will need to prove that, regardless of your living arrangements, you are no longer a couple. The divorce lawyer can help you file an affidavit from a third-party giving testimony to this fact.

Annulment Instead of Divorce

In unique cases, you may be able to have your marriage declared null and void by a decree of nullity. Your divorce lawyer may be able to get you this annulment after evaluating your circumstances and ascertaining that they do, indeed meet the set threshold.

Some of these circumstances include either or both parties having been forced into the marriage, one or both parties being already married at the time of entering into the marriage, or prohibited relationships, such as between siblings.

Divorce can be as easy and straightforward, or as complicated as can get. It all comes down to the unique circumstances around your case. For a smooth process and the best outcome, be as transparent with your divorce lawyer about these circumstances.

For more information, reach out to a divorce lawyer in your area.


29 April 2020

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