Q & A: Divorce Applications
Q: What is separation? If we live together in the same household, can it be considered as separation?
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Separation means one party moving out. It may still be considered as separation if both parties still live in the same household. But they must sleep in different rooms, have no intimate relationships, no sharing of means and social lives and their relationship is similar to two tenants living in the same household. |
Q: How long does the divorce process take?
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If both sides reach agreement, normally the process may take 6 – 7 months. If both sides cannot reach agreement, that the process may take 1 – 2 years depending on the complexity of individual cases. |
Q: Is a lawyer required for divorce?
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Not necessarily. Divorcing couples can go directly to the Family Court to obtain and submit the application forms and apply for divorce on their own. Prior to or when making the divorce application, legal advice may be obtained. An applicant may require the services of a lawyer if: |
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a) |
the other side does not agree to the divorce; |
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b) |
the parties cannot agree on arrangements relating to their children or finances. |
Q: How can litigation costs in divorce be minimized?
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By using Family Mediation Service. It facilitates both parties to reach agreement on divorce problems; thereby decreasing litigation costs, shortening the divorce process and decreasing the pressures of contentious litigation. |
Q: Must there be court appearances in divorce?
| A: |
According to present court procedures, it is possible that no court appearance is required if there are no disputes between the parties and there are no special instructions from the judge. For example, the parties might use Family Mediation Service to arrive at a written agreement on divorce matters which is submitted to the court during the divorce application. If the judge is satisfied with the written agreement, then it is possible divorce will be granted by the court by internal examination and approval without a formal court hearing or appearance by the parties. On the other hand, if there are still unresolved disputes, court appearance by the parties will be required. |
