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Using the grounds of adultery or mental/physical cruelty is almost never done any more – partly because "fault" or "misconduct" plays no role in relation to support or property issues, and partly because arguing over why the marriage ended is a fruitless, time-consuming exercise and a waste of legal fees.
That's not to say that as lawyers we are not concerned about how our clients are affected by the end of a relationship; but we know that an appropriate referral to a skilled counsellor, a support group or a divorce coach may be much more helpful and effective in navigating this major life transition.
Check with your lawyer if you have doubts about whether or not this requirement is met.
This requirement is a firm one, and can't be waived by the Court.
Many couples work towards an overall settlement on all issues that are important to them – either with the help of their lawyers, or a mediator, or on their own.
They don't necessarily start the negotiation process by filing Court pleadings.
This means that assets and debts at the date of separation are not "fixed" or final – they can change up or down until settlement or trial.However, if they are unable to come to an agreement, the Court will certainly intervene and has the power to deal with certain issues on an interim basis (interim parenting arrangements, interim support, protection from violence, etc.) pending a final agreement or trial.95% of spouses are able to come to a resolution of all matters between them without having to go to trial.If a couple wishes, they can jointly ask the Court for a divorce, without one party having to be the "Plaintiff" and the other having to be the "Defendant".Where there are children, a judge is required to ensure that "reasonable arrangements" have been made for the support of the children before granting a divorce.