Divorce Procedure

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Divorce Procedure

A marriage must to be dissolved by a Court.

To start the divorce process, a Summons must be served.  A divorce Summons must be served personally on the defendant by the Sheriff of the Court.  Thereafter the normal procedure for litigation is followed, which is long and expensive.

When we meditate, we determine how the marriage will be dissolved before the Summons is served.

We deal with finances, assets, children, schooling, etc.

The goal is to finalise a Settlement Agreement between the parties that contains the terms of the divorce.  This Agreement is signed by both parties.

Then, we begin the Court part of the Divorce process.

A Summons will be prepared and issued at the Court.

Then, the Summons will be served on the Defendant by the Sheriff of the Court.

The Summons will set out the terms or the Divorce and the Settlement Agreement will be annexed to the Summons.

If there are minor children involved, it is necessary to obtain a report stating that the Settlement Agreement adequately deals with the needs of the Children.

Finally, once all the rules of the Court have been complied with, there is a hearing in Court that the Plaintiff must attend.

If the Judge is satisfied that the Divorce papers (including, without limitation, the Summons, Settlement Agreement, Mediation confirmation, report on the children), a final Decree of Divorce will be granted.

 

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