for the benefit of all.... here's an article on the whole procedures..
What do I do if I want to file for divorce or annulment?
When you consider filling for divorce, you must consult a lawyer for legal advice and assistance. Your lawyer will be able to determine whether you have a case for divorce before proceeding any further. He or she can prepare all the necessary legal documents required by the Court.
Upon the commencement of your matter, you must furnish the following documents and information to your lawyer.
Original Marriage Certificate;
Grounds for divorce or annulment together with the supporting documents (where applicable). For example :
For Adultery
Private Investigator's report, DNA report
For unreasonable behaviour
Police report(s) on such unreasonable behaviour(s)
Medical report(s) evidencing physical abuse
For separation
Deed of Separation
Particulars of Petitioner, Respondent and children of the marriage
Corresponding addresses and contact number(s) of the Petitioner and Respondent
A copy each of the birth certificates of the children;
Particulars of the matrimonial property and/or assets;
Custody, care and control of children of the marriage;
Maintenance of Petitioner and children of the marriage.
If there is an HDB matrimonial flat, we will submit the Standard Query to the HDB and the CPF Board for information regarding the said flat. Both the HDB and the CPF Board would take about 1 month to reply.
Upon the receipt of the replies from the HDB and CPF Board, we will be able to prepare :
A Proposed Matrimonial Property Plan that sets out the division of the flat between you and your spouse. This has to be signed by you, or if agreed with the Respondent, an Agreed Matrimonial Property Plan needs to be signed by both parties.
A Proposed Parenting Plan as to the custody, care and control of the children of the marriage. This has to be signed by you, or if agreed with the Respondent an Agreed Parenting Plan needs to be signed by both parties.
Thereafter, will prepare and file the following documents in Court :
Divorce Petition;
Notice of Proceeding;
Certificate with regards to Reconciliation;
Acknowledgement of Service;
Memorandum of Appearance;
Certificate of Consent (for 3 years separation with consent)
Proposed/Agreed Matrimonial Property Plan;
Proposed/Agreed Parenting Plan.
The Court will issue a Divorce Petition Number and return a Sealed copy of the Notice of Proceedings to your lawyer. This process takes about 3 days to 1 week.
Upon receipt of the sealed copy of Notice of Proceedings, we will arrange for the service of the relevant legal documents on the Respondent. If the Notice of Proceedings cannot be served personally on the Respondent after 2 attempts, we will apply to the Court for Substituted Service of the documents by way of posting the same on the door of the Respondent's premises. If the respondent's address is not known, the Notice can be served by way of advertisements. The whole process can take about 1 to 2 weeks depending upon the mode of service that needs to be undertaken.
After 8 days from the date of service of the Petition on the Respondent (by way of personal service or Substituted Service)
If the Respondent failed to file the Memorandum of Appearance (which was served on him), we will then prepare and file the following documents in Court:
- Application to search for Appearance
- Affidavit of Service
- Certificate of Non-Appearance
This process would take approximately 1 week to execute.
If the Respondent files a Memorandum of Appearance and is not contesting the Petition, we can proceed to set the matter down for Trial on an uncontested basis.
If the Respondent files a Memorandum of Appearance and is contesting the Petition, the Respondent is to file an Answer in Court and serve the same to us within 22 days from the date of service of Petition.
We will then proceed to set the matter down for trial and the Court will fix a date for hearing on the Petition. The hearing date is normally set within 3 weeks to a month's time from the date of application.
During the hearing the Court may grant the Decree Nisi and ancillaries may be adjourned to a later date to be fixed by the Court. we will inform you of the date and any other necessary action(s) to be undertaken as the case may be or directed by the Court.
After three (3) months from the granting of a Decree Nisi or after ancillary matters have been settled, which ever is later, we will proceed to extract the Certificate of making Decree Nisi Absolute. The Court will take about 2 weeks to 1 month to release the Certificate of Making Decree Nisi Absolute.
Upon receipt of the said Certificate of Making Decree Nisi Absolute, the divorce proceeding is completed.
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Originally Posted by ace7788
My question:
1. What if the party changes her mind? I am the respondent. I do not and will not change my mind for the annulment.
it will only complicate matters...it depends on the reason.... get your lawyer to advice you on this further.. as always.. please consider the possibility of a reconciliation between you and your spouse...esp if you have young ones..
2. Can I state on my employment form my marital status as "Single"?
your divorce proceeding is not complete yet.
Personally, I think I have been poorly advised by my ex-spouse lawyer. So many issues remain unsolved. Don't know whether these few months can go out with girls or not.
normal outing is Ok... but avoid any initmate behavior... ..
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