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Obtaining a divorce is usually a painful process that is accompanied by getting through a lot of documentation, financial matters and, if children are involved, making certain arrangements for them. If this is not enough, one of both parties will need Birth Certificate Translation if they have been married in a foreign country, are green card holders, one or both of them are aliens or immigrants, or have legal status allowing them to get divorced. Before being able to obtain a divorce, one has to follow a certain procedure. The application for e divorce is called a petition and it is the first step in the process and can be made by either party. The person against whom the petition is filed is called a respondent, while the one who files the petition is called a petitioner. Other people may also be involved in the case, for example, if anyone named in the petition has committed adultery with the respondent is called the co-respondent. Once the petition is filed, it has to unearth the reasons for which the marriage has failed and the partners want to separate. Among those reasons we can note: behavior by the respondent that renders the petitioner not being able to live with the respondent; adultery committed by the respondent that results in the petitioner finding it intolerable to live with the respondent; abandoning of the petitioner by the respondent for a period of two years; separation for five years; separation for two years, which leads to the parties agreeing to divorce.

The petition must also provide other information required by the court such as what the parties’ place of residence is and whether they have any children. The petitioner cannot claim costs once the divorce has been granted, but he/she may require that the respondent and/or co-respondent cover all the costs of the petition, but this must be explicitly stated in the petition. In cases like this, there must be co-operation between the parties, so it is a good idea to show the draft petition to the respondent before it is filed. The court also requires a number of other documents to be sent, so the petition is not the only one. These will include: copies of the petition for service on the respondent; statement of arrangements for any children of the family, which determines where the children will live, with which parent they will live, what contacts they will have with the other parent, and which school they will attend; the marriage license and if the parties were married abroad a Certified Marriage Certificate Translation; a reconciliation statement; the court fee.

Only after all the documents have been considered, the judge grants a certificate of entitlement to a decree only in he/she finds sufficient proof that a decree can be issued. The petitioner is offered the opportunity to file further evidence if the judge is not satisfied, which does not happen often. The court bears the responsibility to send the decree to the parties after it performs the procedure on issuing it. Once the court has made the decree the couple are divorced and are free to remarry. The petitioner or the respondent may decide to leave the country and settle in a new one. In this case a Divorce Certificate Translation will be required in the language of the intended country.