What is the first step in the procedure for obtaining a divorce?

Prepare for the New Brunswick Bar Exam. Study with flashcards and multiple choice questions, each question has hints and explanations. Get ready for your exam!

The first step in the procedure for obtaining a divorce is to demonstrate a breakdown of the marriage. This is essential because, in many jurisdictions, including New Brunswick, the legal basis for a divorce typically involves establishing that the marriage has irretrievably broken down. This could involve showing evidence of separation, unreasonable behavior, or other factors indicating that reconciliation is not possible.

Demonstrating a breakdown is crucial because it aligns with the legal standards of divorce legislation, which stipulates that before a court can grant a divorce, it must be satisfied that the marital relationship has ended. This foundational step serves as a prerequisite for any further legal actions, such as filing a petition for divorce or entering into discussions about separation agreements or reconciliation.

While the other actions, such as signing a separation agreement or discussing reconciliation, may play a role in the divorce process or be components of resolving marital issues, they do not fulfill the primary requirement of establishing the underlying grounds for the divorce itself. Therefore, demonstrating the breakdown of the marriage is the correct initial step in pursuing a divorce.

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