Here, we explain what a joint divorce is, the situations when it is applicable, and what you should do regarding legal representation.
With a joint divorce, both parties in the marriage consent to the divorce proceedings. In other words, both parties agree that a divorce must take place and they’ve chosen to file together amicably to come to a peaceful resolution.
When filing for a joint divorce, both parties must agree on the divorce terms. For example, the paperwork will include provisions related to child support and custody, which both parties must agree to. It will also discuss how the couple’s financial assets will be divided. Again, both parties must agree to this division.
To file for a joint divorce, the grounds for the divorce cannot be adultery or mental or physical cruelty. The only applicable grounds for this type of divorce are that the parties have been living apart for at least a year.
A joint divorce requires both parties to file the divorce application together. This means there is no adverse party involved, which typically allows the divorce proceedings to run smoothly. If there is a conflict that the parties cannot resolve between themselves, it’s unlikely that a joint divorce will be possible.
When filing a joint divorce, it is possible for both parties to use one lawyer. However, this lawyer must be completely neutral and unbiased. In other words, it cannot be a lawyer who’s acting in the interests of one party and just filing on behalf of the other. Without this impartiality, a lawyer may draft paperwork that favours one party ahead of the other, thus eliminating the purpose of a joint divorce.
It’s best to use a single lawyer if you and your partner have already agreed on all of the terms of your divorce, meaning you only need legal help to complete and file the paperwork.
Getting a joint divorce online helps you avoid a lot of the heartache and delays that come with a contested divorce where there is often a lot of animosity involved. If you’re looking for a swift end to your marriage, this is likely the best path to take.
If you would like to initiate the process of a joint divorce with Legalhood, simply click here to get started.