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Difference between revisions of "Requirements for Divorce and Annulment"
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Requirements for Divorce and Annulment (view source)
Revision as of 01:58, 27 April 2021
, 01:58, 27 April 2021→What kind of behaviour does cruelty include?
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It may be faster if an application for divorce is done through a court hearing. If you have a legitimate reason to speed up the process — for example, you’re getting remarried — you should speak with a lawyer. | It may be faster if an application for divorce is done through a court hearing. If you have a legitimate reason to speed up the process — for example, you’re getting remarried — you should speak with a lawyer. | ||
=== | ===Does it make a difference if my divorce is based on adultery or cruelty?=== | ||
If you can show marriage breakdown based on adultery or cruelty, the court can make a divorce order sooner. That is, the court doesn’t have to wait until you’ve lived separate and apart for one year. But adultery can be hard to prove (and take longer and cost more) if the other spouse doesn’t agree. This is why most people ask for a divorce order based on having lived apart for at least one year. | |||
The court doesn’t consider adultery or cruelty when it divides property or makes a support order. It will consider adultery or cruelty when making decisions about children if the behaviour limits: | |||
* a spouse’s ability to parent the children, or | |||
* a spouse’s ability to become self-supporting after separation. | |||
In some cases, you can claim '''damages''' (money to compensate you) for a loss or injury caused by your spouse’s cruelty. This may be hard to do. You have to present medical evidence showing the nature of the injuries and their consequences. You should speak to a lawyer if you’re thinking about claiming damages caused by your spouse’s cruelty. | |||
===Is there an advantage to basing a divorce on adultery or cruelty?=== | ===Is there an advantage to basing a divorce on adultery or cruelty?=== | ||
