What is the average amount of time it takes for a divorce to become final?

A divorce normally takes between four and six months to become final.  Divorces filed in busier court districts and defended divorces may take longer than six months.

 
What are the steps of an undefended divorce?

Every divorce begins with an affidavit, or petition, being filed with the district court by the spouse requesting the divorce, referred to as the petitioner.  The court sends the petition to the other spouse, known as the respondent.  If the respondent agrees with the petition, the divorce is considered to be undefended.  The respondent sends an acknowledgment of service form to the court.  The petitioner then applies for a decree nisi, which indicates that the divorce can move forward to finalization.  The petitioner can apply for a decree absolute, which ends the marriage, six weeks after the decree nisi is granted.  If the petitioner does not apply for the decree absolute, the respondent can apply for this after an additional three months, but a court hearing will be required.

 
What is the Children Act of 1989?

The Children Act of 1989 ensures that the well-being of a child is the most important consideration.  It contains a welfare checklist that provides guidelines to protect the physical, emotional and educational needs of children.

 
What are acceptable grounds for divorce?

Adultery, desertion for at least two years, separation for at least two years with divorce consent from both spouses, separation for at least five years, and unreasonable behavior are considered acceptable grounds for divorce.  The court makes the final decision of whether the divorce is accepted or not.

 
Is it necessary to have legal assistance for a divorce?

Couples are encouraged to seek legal counsel at the onset of a divorce to fully understand the divorce process and available options.  The divorce process is strictly administrative, however, and couples can make their own decisions concerning arrangements and file their own applications.  Couples in a defended divorce may need legal assistance throughout the course of the divorce process.

 
How are the terms of a maintenance order determined?

The terms of a maintenance order are determined on an individual case basis.  The district judge determines the terms after submission of information concerning the couple’s personal situation.  The children, contributions by each spouse to the marriage, age of the couple, and length of the marriage are all considered.