There are lots of divorce applications filed in the West Coast. To reduce the number of applications and avoid a congestion in the Family Court, residents of the West Coast are permitted to file an application for divorce without the agreement of the other spouse as long as you and your spouse have been separated for a period of 2 years and have also been residents in the West Coast for 6 months.
If you want to remarry, you need to file an application for divorce which states that your previous marriage has broken down irreconcilably. The reasons for the breakdown of your marriage might be Abandonment or Abuse. Incurable insanity is also considered as a valid reason for the breakdown of a marriage but it is not really used in most cases.
If spouses agree on property division, maintenance and custody of the children below 18 years, then they (divorcing spouses), can have a quick divorce without having a trial. If the spouses can’t agree on division of property, custody of children and maintenance, the case will go to the judge of the Family Court. Who will then make the appropriate rulings on child support and custody of the children and also how the properties will be divided between the spouses. Debts which have been acquired will also be divided equally between the spouses. Properties that are divided during the marriage are properties which are acquired during the marriage for the purpose of you and your spouse. Therefore properties inherited during a marriage are considered as separate property and also property acquired before the marriage are considered as separate property.
The courts in West Coast take the financial situation, marriage history i.e. if any of the spouses is an addict or has the tendency of being violent, of the divorcing spouses into consideration before granting either of the spouse custody of the children and asking for child support. However the court only makes such decisions when both spouses fail to agree on child support and maintenance.
You can file a divorce application without the need of a lawyer. Use the online divorce system in an uncontested case but in complex divorce cases you cannot process a divorce application without the assistance from a lawyer and to get a lawyer who would give you professional advice and put your every need first in filing your divorce application, visit Divorcenz.com.