If you want to start the unilateral divorce proceedings, it is important to know the stages you will go through, the documents you will need, and the time in which you will be involved in the trial.
If you need help regarding this issue or a similar one, you need the help of an attorney like Tully Rinckey. If you want to file a unilateral divorce complaint, keep in mind that you will require the following documents:
- Marriage certificate
- Children’s birth certificate
- Certificate of residence or commercial house ticket that indicates the address of the spouse
- List of three witnesses of legal age
What are the requirements for a unilateral divorce?
If you want to file this claim for divorce, you must meet the following requirements:
- 3 years of cessation of coexistence
- Non-resumption of common life
- Compliance by the plaintiff with the maintenance obligation
Before which courts is the petition for unilateral divorce filed?
It is presented before the corresponding Family Court. This will be the domicile of the defendant.
How long does the unilateral divorce process take?
If time is important to you, this judicial process lasts no less than 5 months from the filing of the claim approximately. The above depends on the court to which the processing corresponds and whether they do not reach a prior agreement with your counterpart.
What is the order of the procedure?
In a unilateral divorce trial, the steps you will have to follow will be:
- Communicate with your attorneys
- Prepare and file the divorce petition. It is at this stage that you must submit the aforementioned documents
- The first hearing or preparation hearingwill take place. Here, the judge will propose to you and the defendant conciliation. If this answer is negative, the trial will proceed and the grounds will be verified.
- Trial hearing
- A sentence that accepts or rejects
Can there be cases where unilateral divorce does not take place?
Yes, this can happen if the person who has sued does not comply with the maintenance obligation that corresponds to him. However, for this to happen, you must plead it as a defendant. In addition, the judge has to verify it.
Tully Rinckey Law firm has the experience necessary to help provide answers on what to expect in a unilateral divorce. Many law firms practice family law, but you have to seek the one that will best serve your needs.