Davies Law Firm will share with you some details about divorce procedures. The procedure is different depending on whether the divorce is by mutual agreement or by a claim.
In the case of a divorce by mutual agreement, the necessary documents are prepared – a divorce application and an agreement on the legal consequences of the dissolution of the marriage, to which are attached documents such as a marriage certificate, birth certificate of the children, if the parties have common minors. A Notice of Divorced Marriage and a Statement of Information is attached, a state fee is paid and the documents are brought to court.
Thereafter, a notice is scheduled to schedule the case to be considered in open court, at which date and time the parties must appear in person. The parties to the court confirm their agreement to the divorce, and the court is not interested in the reasons why the parties have requested to divorce.
No evidence is collected as to the nature of the relationship between the parties. Within one month of the hearing, the court should issue a decision terminating the marriage. The decision is final.
The court may reject the application for divorce by mutual agreement of the parties if it considers that the parties’ consent to the divorce is not serious and unwavering. For example, that it is a joke or that one of the parties is not sure that he or she wants to divorce.
If one of the parties fails to appear at the hearing without good cause, the case shall be terminated. This does not prevent the divorce case from being brought again.
In divorce proceedings, the procedure is as follows: The claimant files a claim with the court, with a copy thereof, together with the enclosed evidence of the defendant. The court reviews the application and the attached evidence and, if it finds that all the requirements of the law have been met, orders the application to be served on the respondent.
In the event that the court finds irregularities in the application, it instructs the applicant to remove them and set a time limit. If the irregularities are not remedied by the expiry of the period, the claim shall be returned to the claimant.
In the case of a regular claim or when the irregularities are timely remedied, the claim shall be served at the order of the court of the defendant. Service is usually effected through a court clerk. Service shall be effected at the address indicated in the application. The clerk is trying to personally deliver the claim to the defendant. If he does not find it personally, he may hand over the papers to any of his family members who are of legal age and who agrees to accept the papers with a duty to hand them over to the country. However, the applicant cannot receive the papers and undertake to hand them over to the defendant.
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