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Divorce: A Guide To Navigating the Process
unhappy couple getting divorced

Divorce is a significant life event. We invite you to speak with us on how to navigate this smoothly.

Accept What Is, Let Go of What Was, and have Faith in What Will Be
Sonia Ricotti

What to do once you've decided to divorce

Coming to the decision to end a marriage is one of the most difficult decisions you will ever have to make. Apart from the impact that this will have on you, your spouse and your children, you need to find a qualified attorney to process your divorce for you. 

When choosing an attorney, make sure  that they are attentive to your needs, and do not treat you as a number on a file. Your attorney will need to be empathetic and understanding that this process is not simply a procedure to you, but that each step is another difficult decision for you. Signing a settlement agreement, issuing a summons and the final court appearance are all major life events. Be sure to choose someone who understands this.

Get your documentation in order. 

You will need, at least, your marriage certificate and Antenuptial Contract (if you have one), copies of your children's birth certificates, proof of your expenses and assets as well as liabilities. This will allow your attorney to advise you clearly on your rights to maintenance, accrual and other patrimonial aspects of divorce.

Do not feel as though you are burdening your attorney with questions. It is their duty to give you proper, sound legal advice and they should be willing to discuss your questions without any worry.

Consultation

Your attorney will consult with you and gather all relevant information. Your attorney should then establish whether a divorce by settlement agreement is an option from the outset.

Summons

A summons is drafted and sent to Court to be issued. Once issued, the summons must be served on your spouse by the Sheriff of the Court. 

From the date of service, your spouse has 10 business days to defend the summons,

Court

If after 10 business days, your spouse has not opposed the summons, your attorney will apply for a Court date. You may or may not be required to physically attend court

Opposed Vs Unopposed

A divorce that is not fought by the defendant is called an unopposed divorce. This means that the divorce is processed much faster and is often done in terms of a settlement agreement.

An opposed divorce is where the parties are fighting over certain aspects of the divorce, such as maintenance, parental rights and responsibilities, or accrual. This can take years and legal costs can escalate quickly.