Dealing with divorce is quite difficult. The process is without doubt going to be exhausting in mental, physical, and even financial senses. The couple might have pictured future together down the line but they must separate due to differences that are irreconcilable. Divorce is going to be more complicated when there are children in the marriage and shared assets. To ensure that you will not have to deal with further legal battle, you should make sure that everything is right the first time you do it. Certain circumstances may lead to divorce invalidity and you do not want that to happen.
It might be important to remind you that divorce is an agreement between two parties. Without understanding between the two people tied in matrimony, the proceeding will not happen smoothly. There are cases in which one of the parties forges legal documents and even signatures of their ex-partner. It can also happen that the divorcee utilizes false addresses. Those acts will lead to invalidation of divorce proceeding. Not only that, the divorcee who committed such heinous act might be charged with forgery. Because of that, prior to bringing the case to court, there should be a settlement first.
In certain parts of the world
there are also certain time limits in which you can fill for divorce. If you do not fulfill any of the requirements, the divorce will be considered invalid by the judge. There might be a minimum period of marriage for couples to be considered eligible in filing for divorce. Common regulation that is applied in several countries states a year as the minimum period of marriage for divorce eligibility.
Separation can also become a valid ground for divorce. However, there is also a minimum period for the divorce application to be considered valid. First, if the parties have lived separately for two years, they can file for divorce. Both parties need to consent to the proceeding, though. The divorce can be filed by only one party of the marriage if it can be proven that the separation has happened for at least five years.
Another valid reason for divorce is desertion or abandonment. It means that any of the party might fail to offer protection, care, or emotional support for their spouse. To be considered valid, the partner who experiences abandonment should be the one who is filing for the divorce. The desertion or abandonment must occur for at least two years so that the judge will rule the divorce filing as a valid cause.
What would happen if your divorce is considered unjustifiable by the law? It means that your marriage in front of the law is still valid.