Divorce is technically the final, formal ending of a civil marriage by court order. When you get a divorce case out of court, most often you will hear court officials and attorneys call it a matrimony case. The individual who begins the divorce is commonly referred to as the plaintiff, and the opposing party is known as the defendant. Once both parties have filed their divorce papers with the court, there is little left for the judge to do. In many cases, the judge simply accepts the divorce terms as they are written and signs the order of the divorce.
There are a few grounds that a judge can choose from when making a divorce case. He or she can rule that there has been sexual abuse or marital misconduct either by the plaintiff or the defendant, either one of the spouses or both. The grounds can also come from the ages of the parties involved. For example, the age of a child can be an issue in a divorce case. Age will be taken into consideration if the statute of limitations on the case has expired. The legal services that you use will know what age requirements need to be met.
Grounds For Divorce
The final grounds for divorce cases that are filed are those that come from the behavior of either party. This includes whether the plaintiffs wish to live apart, whether there has been any kind of property damage done, or a combination. Sometimes the parties simply decide not to live apart anymore. However, it is not uncommon for the plaintiffs in divorce cases to file for custody of their children if they want to be together again. When a parent wants to live apart from their children, it is usually a negative sign that their marriage is having some kind of problem. If you live apart, it is best for the children not to see their parents fight.
Divorce attorneys will give you several options when it comes to getting divorced. You can work with them to set up a parenting time schedule, which means that you can divide up the parenting time equally or you can have joint custody. Some attorneys may offer separate support for the parents. If your divorce case is about joint custody, then you and your spouse will share the parenting time.
A lot of the times in a divorce case, there will be an affidavit that needs to be filed with the court. For an affidavit to be complete, it needs to be signed by the plaintiff and defendant. You should fill out the form that is available with your local clerk of court. On the form, you will have to indicate the reason for your suit. On the affidavit, you must tell the court why you think that you are right and your spouse is wrong. The forms are very easy to fill out and they only take a few minutes of your time.
You also have the option of stating why you want to live apart from each other before the judgment is made. You will need to state why you want to live apart. There are a few things to consider when filing this form. If you are not married, but in a civil union, your spouse may be able to file for an exception to the residency requirement for the purpose of living apart. In this case, both parties will have equal parenting time.