Difference between revisions of "Divorce and the Law on Getting Divorced"
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===Cruelty=== | ===Cruelty=== | ||
A spouse who claims that the other spouse is guilty of cruelty must prove | A spouse who claims that the other spouse is guilty of cruelty must prove their claim in court. Cruelty can consist of physical abuse or mental abuse, and may also give rise to a claim for an award of damages as a result of the cruelty. Before the court will pronounce the divorce order, it must be satisfied that the party making the claim has not ''condoned'' the cruelty. | ||
Proof of cruelty normally consists of a medical, psychological or psychiatric report, or, in some circumstances, a simple letter from a treating professional describing the abuse. | Proof of cruelty normally consists of a medical, psychological or psychiatric report, or, in some circumstances, a simple letter from a treating professional describing the abuse. | ||
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*if there are children, an adequate amount of child support is being paid. | *if there are children, an adequate amount of child support is being paid. | ||
It is possible to oppose an application for a divorce order. Practically speaking, however, by the time the application gets before a judge, the responding party has usually come to realize that a divorce is inevitable. If the court is satisfied that the applicant is entitled to | It is possible to oppose an application for a divorce order. Practically speaking, however, by the time the application gets before a judge, the responding party has usually come to realize that a divorce is inevitable. If the court is satisfied that the applicant is entitled to their order because the grounds for the divorce have been proven, the divorce is usually granted despite any objections by the other spouse. | ||
===Corollary relief=== | ===Corollary relief=== | ||
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'''Step Three''' | '''Step Three''' | ||
<blockquote>Serve your ex with your Notice of Family Claim. You cannot serve your ex yourself; you must arrange for someone else to do it. Give the person who will be your process server two copies of your Notice of Family Claim, along with a photograph of your ex. The process server will serve one copy of the materials on your ex, and will use the photograph and the remaining copy in | <blockquote>Serve your ex with your Notice of Family Claim. You cannot serve your ex yourself; you must arrange for someone else to do it. Give the person who will be your process server two copies of your Notice of Family Claim, along with a photograph of your ex. The process server will serve one copy of the materials on your ex, and will use the photograph and the remaining copy in their Affidavit of Personal Service to prove that your ex was served.</blockquote> | ||
'''Step Four''' | '''Step Four''' | ||