When a married couple decides to end the marriage bond that unites them, they must follow a judicial procedure called “Marriage dissolution” which can be initiated by mutual agreement between the spouses or of one with the other’s consent, provided between the two is reached an understanding on basic requirements.
The advantages of the process of dissolution by mutual agreement as opposed to the contentious, are as follows:
- Processing time: 1 to 3 months – depending on the workload of the court house. Unlike the dispute which is much more expensive- (and can share a barrister and solicitor between the parties)
- Reduced barrister and solicitor by the type of process fees
- No filing fee is to be paid to the court house
The minimum requirements to file for mutual agreement divorce between spouses are:
- Three months have elapsed since the marriage (there are exceptions)
- Regulator Agreement that meets a number of decisions regarding custody, guardianship and maintenance allowance (if any minor children or economically dependent), alimony, spousal attribution of housing, etc.
- Representation by a lawyer/attorney
Once you meet the above requirements, legal proceedings will be initiated by filing lawsuit, to which the court will send a summon for the parties to come based on date and time notified to the ratification of both – that way it ensures that both spouses agree with the Regulator Agreement presented. In the case of children, the court will notify the District Attorney who will review and confirm that there is no harm caused to the children by decisions made by parents in the agreement.
Completed this procedure, you will be notified of the Courts judgment, and the Regulatory Agreement which will be approved (if the judge considers that it does not hurt either of both parties) and the dissolution of the marriage, of which will be officially registered to the designated Civil Registry.