After deciding to end a relationship, many individuals want to go on with their lives as quickly as possible. Entering into a new marriage is one of the most joyful ways a person can move on. However, if you wish to remarry after your previous marriage has ended, you must follow the laws.
If you wish to remarry, you do not have to seek a divorce when you separate, but being married may influence your duties and responsibilities. If you are unclear about what you want to do, you should get legal counsel.
To be allowed to divorce, you must demonstrate that your marriage has ended. This is proven by being apart for 12 months or longer and having little hope of restarting the relationship. The separation might be initiated by one or both parties.
How can I get a divorce?
To officially end a marriage, you must file a divorce petition with the Federal Circuit Court. Property and child custody orders are not addressed in a divorce filing. If you want these orders, you must submit separate petitions.
What exactly does the term “separated” mean?
You are deemed divorced the day either you or your spouse decides the marriage has ended and informs the other person.
You can reconcile for up to 3 months without having to restart the 1-year separation period. The time you spend back together, on the other hand, does not affect the rest of the separation. So, for instance, if you separate for 2 months, remarry for one month, and then separate again, the Court will consider you to have been apart for 2 months rather than 3 months.
If you and your partner have split but continue to reside in the same house for economic or other reasons, you may be entitled to seek a divorce. This is referred to as separation under one roof. When filing for divorce, you must demonstrate that your relationship has ended and that you and your spouse live different lives. You do this by submitting to the Court two affidavits, one from you and one from a friend or relative, detailing your distinct lifestyles. For example, you stay in separate rooms, don’t cook or wash each other’s laundry, don’t go out as a family, and don’t dine or entertain together. Anybody over the age of 18 can sign this affidavit.
When will I be able to marry again?
Your divorce order becomes official 1 month after your divorce hearing. Your marriage is officially over once your divorce decree becomes final, and you are free to remarry. However, the Court has the authority to shorten the one-month timeframe.
What about my Will?
When anything major occurs in your life, such as marriage, divorce, or the birth of a child, when you marry, your Will is revoked unless you specifically specify in your Will that it was prepared in anticipation of the marriage. A will is not automatically revoked by divorce. However, if you leave anything to your former partner in your Will, that present will be revoked after your divorce is final unless your partner can establish that it was not your intent to reject their gift.
A Divorce Order negates a partner’s right under a Will. Therefore, it is critical that you get legal counsel on changing your Will after you have separated.
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