If a marriage has broken down and there are no prospects of repairing the relationship, then you have identified that there is an “irretrievable breakdown of the marriage” which is a key step in identifying whether there are grounds for divorce.
Simply splitting up and parting ways is not an option. Formal divorce proceedings need to be followed regardless of whether separation is amicable.
Finding the right attorney to guide you from the start will ensure that the correct procedure is followed, your rights are protected (even where there is a no-fault divorce), and that you understand the time and costs involved.
One spouse will always be required to be the plaintiff (the person suing) and the other spouse, the defendant (the person being sued). This is necessary so that the formal divorce proceedings can commence within the courts and it does not mean that the spouse who is the plaintiff is the cause of the breakdown of the relationship.
Legal divorce will only take place when an order of divorce is granted by a court following the exchange of documents between spouses within regulated time frames and a court appearance. It is important that each spouse has an attorney to represent him/her to ensure that the correct process is followed and the outcome is in accordance with the spouses’ rights.
How long will a divorce take?
Various factors influence the time that it takes for a court to issue a divorce order. Some divorces can take a few months, while others can take years. Factors such as: whether spouses have an antenuptial contract, their location, work and travel obligations, financial commitments, whether there are children to the marriage and the turnaround times of the courts.
How much will a divorce cost?
There is no set price for a divorce because the costs are subject to the unique circumstances of the spouses parting ways. Seeking guidance from an experienced attorney from the outset will help you understand the costs involved and budget accordingly.