A default divorce occurs when you've filed for divorce, and your spouse doesn't respond. You'd likely see this, for example, if your spouse has left for parts unknown and can't be found. Assuming you've complied with the court's rules and regulations, a judge can grant the divorce despite the fact your spouse hasn't participated in the court proceedings. On its face, this may seem like the ideal situation.
No one is there to contest what you're asking the court to give you. But be aware that there are pro and cons to a default divorce.
If you and your spouse are at loggerheads over one or more marital issues, to the point that you can't come to an agreement, then it will be up to a judge to decide those issues for you. This is what's meant by a contested divorce. Contested divorces are stressful, time-consuming, and expensive think mounting attorneys' fees. You'll go through a lengthy process of exchanging financial and other relevant information, mandatory settlement negotiations, and court hearings for temporary relief, such as interim alimony, for example, if warranted.
And if you can't resolve the case after all that, there will be a court trial. The burdens of a contested divorce are why the vast majority of divorce cases ultimately settle at some point before trial.
This refers to the grounds reasons on which you're basing the divorce. Your state's laws will set out the permissible grounds for divorce. In the not-too-distant past, people who wanted to dissolve their marriage had to show that the other spouse was guilty of wrongdoing, such as adultery or cruelty.
Needless to say, accusing your spouse of misconduct could make for quite a contentious divorce. Now, however, all states offer some form of "no-fault" divorce. In a no-fault divorce, instead of proving that a spouse is to blame for the marriage failing, you merely state that you and your spouse have "irreconcilable differences," or have suffered an "irremediable breakdown" of your relationship.
But note that just because the grounds for a divorce may be no-fault, that doesn't mean the case is uncontested. You still have to resolve all your other marital issues. Before filing for divorce, options are available to you if you need assistance in trying to resolve your differences. These are referred to as "alternative dispute resolution" ADR methods. One of those is divorce mediation. Here, a trained neutral third party the mediator , sits down with you and your spouse to try to help you resolve all of the issues in your divorce.
It's not the mediator's job to make decisions for you. Rather, mediators offer guidance and help you communicate with each other until, hopefully, you reach a meeting of the minds. A successful mediation usually ends with the preparation of a property settlement agreement.
Another ADR option is " collaborative divorce ". Where can I get married? The marriage ceremony Civil marriages Religious marriages What if I have only had a religious marriage? I got married overseas, is my marriage valid? Second marriages Forced Marriages Useful contacts. For a marriage to be legally recognised in England and Wales it must comply with certain legal requirements.
Even if your marriage is recognised by your community or religion, it may not be a lawful marriage according to English law. Whether a marriage is legally recognised or not is very important because this can have significant consequences particularly in relation to finances and property rights.
Not having a marriage which is recognised in law can leave you in a financially vulnerable position, for example you may have no claim to stay in the marital home, or no access to financial support from your spouse. It is therefore very important to be clear whether a marriage is legally recognised in England and Wales, and to understand the legal consequences of being married.
This guide sets out the criteria that must be complied with for a marriage to be legally recognised. In this guide we will sometimes refer to your spouse, which means your husband or your wife. If you are not legally married but live with your partner it is important to be aware that the law does not give you any special legal status.
If you have chosen not to marry your partner and are concerned about your financial and property rights see A guide to living together and the law. If any of these criteria are not met the couple will not be able to get married. If, for some reason a marriage ceremony has occurred and one of the above factors apply, then the marriage is considered void.
This means that the marriage is treated in law as never existing. You do this at your local register office. A registrar will take information from you and place a notice on a public board in the register office for 15 days. The person you are marrying should do the same. If any member of the public has reason to believe that you should not be married then they can object to the marriage. If there are no objections then the registrar will provide you with a notice of marriage certificate, which you will need in order to get married.
To find out more about how to give notice, the documents you should take with you and fees, contact your local register office or visit the government services and information website. If you are getting married at an Anglican church then you do not usually need to give notice of the marriage.
A register office is contained usually in an official building of the Local Authority for your area, very often a Town Hall. If you choose to get married here the ceremony must be a civil ceremony, which means that it must not contain any religious content or music see below.
Approved premises are special places that have been approved by the local authority. They include many castles, stately homes and hotels. If you choose to get married in approved premises you must have a civil ceremony. Couples will very often have to fulfil certain requirements, religious or otherwise, before the clergy will agree to them getting married in church.
If you get married in church the ceremony will be a religious ceremony. This means it will have religious content and music. A registered building is a building that is registered as a place of worship for religious purpose that is not a church belonging to the Church of England and Wales.
Some, but not all, mosques, Hindu temples and Sikh gurdwaras are registered buildings. Love and Marriage Predictions for Number 3.
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