How To Justify The Reason For Divorce In A Statement Of Claim

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How To Justify The Reason For Divorce In A Statement Of Claim
How To Justify The Reason For Divorce In A Statement Of Claim

Video: How To Justify The Reason For Divorce In A Statement Of Claim

Video: How To Justify The Reason For Divorce In A Statement Of Claim
Video: Statement of Claim - Alberta Divorce Court Forms 2024, December
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In order for the divorce proceedings to proceed as the spouses need, the reason for the dissolution of the marriage should be carefully considered. There are several options for explaining the decision, which will be the basis for the judge to believe that the preservation of such a family is impossible.

In the application for the rabbi, you must indicate the reason
In the application for the rabbi, you must indicate the reason

The law requires that the reason why the spouses decided to separate should be stated in the statement of claim for divorce. But in order for two previously loving people to make such a serious decision, not one, but a whole set of reasons is required. However, you need to choose the most weighty of them or formulate the proposal in such a way that it conveys the main meaning of the situation in the family.

The most popular reasons for divorce decisions

Most often, the statement indicates that the spouses did not agree in character. But such a reason is not entirely clear to the judge, therefore, this explanation will need to be detailed in the divorce proceedings. As a rule, the parties find it difficult to add anything to the written, and this makes the judge doubt that the decision to dissolve the marriage was not made hastily or under the influence of emotion. Therefore, spouses are given the maximum term prescribed by law to think and reconsider their views on family life. It is currently two months old. It is quite possible that reconciliation and restoration of family relations will take place during this period.

If the husband does not take part in the provision and upbringing of the child, the woman in the statement of claim most often indicates this very reason. It is the basis for the judge's decision to collect alimony from the negligent father. Such applications are often granted without a time limit for reconsideration of the spouse's decision. The presence of the husband at the divorce proceedings in this case is not required, but he must be duly notified about it.

If the situation is complicated by the fact that the spouses need to divide the jointly acquired property, and the marriage contract was not concluded at one time, the reason for the divorce should be carefully considered. Most often, they indicate that a husband or wife has a common-law spouse, the disappearance of warm feelings, a lack of mutual understanding and support in the family. A weighty reason for divorce will be the fact that the spouses, living under the same roof, actually lead financial lives independently of each other.

The reason for divorce for those couples who do not have children together

The most compelling reason for divorce is the absence of children in a marriage. It is her that should be indicated in the application. In this case, the divorce procedure is simpler. If both spouses express a desire to dissolve the marriage, it will be enough for them to submit an application to the registry office, and the decision to dissolve such a marriage will be made within three days.

A statement of claim for the division of property should be filed with a court. If there are no children in the marriage and one of the spouses does not want a divorce, the other side will have to turn to the magistrate. It is he who will decide whether there is an opportunity to save this family.

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