Absolute Divorce: Know the Basics

Before you contact your local family lawyers to file your complaint in court, it might come in handy if you read first some of the basic information that you need to know about absolute divorce.

When Can Absolute Divorce Be Granted?

One of the most common misconceptions is that a party can institute an action for divorce in court for any reasons. Well, this is wrong because under the current state laws, there are only two grounds wherein a decree of absolute divorce may be granted. The first one is called a “no-fault divorce” wherein any of the spouses may institute a divorce complaint in court after the husband and wife have lived separately from each other for at least one year. The second one is by reason of incurable insanity by one of the parties in the marriage to be dissolved.

What Needs to Be Stated in the Complaint?

There is a need to state the ground for the filing of the absolute divorce. It is important that the plaintiff has a cause of action for the institution of the complaint against the other spouse. In this type of hearing, the burden of proof lies with the party alleging the ground. This means that he or she must present the necessary document to prove all the material allegations in the complaint. During this time, it is imperative for a particular party to hire the services of a divorce lawyer.

Why Is There a Need for a Lawyer?

One must be reminded that the presence of a lawyer during the hearing and trial of a civil case is very important. The lawyer is the professional who is highly knowledgeable in the field of law. He or she can aid the client's claims and reliefs prayed for. If you are in need of a lawyer to represent you, make sure that you choose the effective and efficient one. The choice of an attorney will either make or break your case so you need to do it the right way. You can ask for some recommendations from friends if needed.