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separation Tag

Law Booth - Lawyers & Notaries > Posts tagged "separation"

What is the difference between a simple divorce and a joint divorce?


A divorce application may be started by filing an application for divorce with their spouse as a respondent or a joint application.

A simple divorce can be the most inexpensive avenue to obtain a divorce Order. You can get a divorce by proving that your marriage is over. You can prove this by showing that you have been separated for a year, or that your husband or wife has had a sexual relationship with another person, or that your husband or wife has been physically or mentally cruel to you. In this application you will name your spouse as the respondent. If your spouse does not respond to the application within the prescribed time, they lose the opportunity to respond at all unless they bring a motion asking for the Courts permission to do the same. If your spouse fails to respond, the divorce effectively becomes uncontested. Which means you may file your Affidavit for Divorce and seek a divorce Order.

Alternatively you and your spouse can agree to file a joint divorce in which you agree to all the issues (which can be through a separation agreement) and advise the Court of your intention to divorce. This can be the quickest method of divorce. You may file the Affidavit for Divorce with the application.