If one person has lived in a marriage with another for more than 3 years and they decide to get divorced. During the marriage they got a child. Because of disagreements in the marriage, they decided to separate. It has been over a year since they do not live together, and they want to be officially divorced. Manbir Singh Sodhi Brampton is the best in the area.
What Are the Ways to Terminate Marriage
According to the Family Law the marriage is terminate with the death of one of the spouses declaring the missing spouse dea with cancellation and with a divorce.
Divorce of marriage
Marriage can be divorced by mutual consent of the spouses. If spouses have joint minor or adult children with parental rights extended, they need to submit an agreement on how to exercise parental rights and responsibilities and on the upbringing and upbringing of children.Marriage can be divorced at the request of one of the spouses if the marital relationship is to such an extent that the common life becomes unbearable.The spouse may seek a divorce if the marriage has actually ceased for more than one year.
How should you proceed?
If you and your current partner agree that your marriage should be divorced, and if you can agree on who the child will belong to and the amount of alimony the other parent will pay, then the two should jointly file a lawsuit, for divorce.
If you fail to reach an agreement on a divorce, one has to file a divorce lawsuit with the competent district court over the fact that the marriage has actually been terminated for more than a year.
In the second case, prior to the filing of the divorce lawsuit for the fact that the marriage was actually terminated for more than a year, to the opposite party – the defendant (current partner) is engaged in a process of conciliation of the spouses.
In case the spouses do not settle a copy of the lawsuit, the defendant shall be served and the proceedings shall continue before the competent basic court until a judgment has been rendered. The final judgment for divorce is sent by the court to the administrative body responsible for keeping the marriage registry within 30 days at the latest for registration of the changes, as well as to the Center for Social Work, if they have minor or extended children in the marriage, parental right.
The process of conciliation of spouses will NOT be carried out if:
1) one of the spouses is incapable of reasoning;
2) one or both spouses live abroad;
3) one spouse has been with an unknown place of residence for more than six months and
4) after a divorce lawsuit, regardless of when it was filed, and the attempt to settle the spouses after the lawsuit has failed.