Considering a Divorce?

What is Divorce, What are the steps of getting a divorce, Cam I get a divorce, How long do we have to be apart before we can get a divorce all these questions are regular questions asked my a husband or wife who are considering a divorce.

Divorce has the definition of the dissolution of marriage the break down the ending of the marriage before either partner dies or the legal act of ending a marriage. A divorce can be annulled where the marriage is made void via the effects of marriage including child custody, distribution of property and spousal support.

I will now explain the process of applying for a divorce and other information you may need to know: –

Either party can make an application for a divorce, the person who makes the application will be known as the ‘Petitioner’ and the other party named as the ‘Respondent’, if there is any other people involved these will be known as ‘Co-respondents’. You will need to prove the marriage has broken down by either of these points: –

• Adultery by the respondent
• Unreasonable behaviour
• Desertion by the respondent for 2 years or more
• Separation for 5 years

The other information you will need to show with your petition for a divorce are: –

• Your Marriage certificate
• Copies of the petition for service on the respondent
• Reconciliation statement (if a solicitor is acting for petitioner)
• Public funding certificate (if applicable)
• Arrangements of statements for any children (where they live and who with, schools they attend, contact information etc)
• Court fees

The respondent who has been served the divorce by the petitioner are served upon them: –

• Statement of arrangements
• Petition
• Notice of proceedings
• Notice of public funding (if applicable)
• Acknowledgement of Service reveals if the respondent is to defend the petition or also has the intention of a divorce, if there has been an agreement for where the children live, access rights etc if this is applicable, if the respondent agrees to pay the court fees and any other processing fees.

If after this processes the respondent agrees to all of the above an Affidavit statement is sent by the petitioner to the Court, this swears that the Petition is accurate. This Affidavit is a written statement, which contains evidence given on oath. Its usually written in numbered paragraphs, you can attach other documents to this Affidavit.

From this point the District Judge considers the Petition and to a decree the divorce, if the Judge agrees a Decree Nisi date is set. Six weeks from this date the petitioner can apply for a Decree Absolute the respondent can apply three months from the six weeks has expired by a court application.

You might be wondering how long this process may take, every divorce is different and so the time it takes to divorce varies from court to court, case to case. The average time is 5 to 8 months but it depends on the type of divorce and if it involves minor children. The help of an experienced family lawyer can help reduce stress when dealing with custody and access battles through the legal process.

Jene is the Webmaster of Divorce Consult who are fully trained Divorce Lawyers here to help you through the process of your Divorce.

2 Responses

  1. I have been named on a divorce petition as a co-respondent which I do not deny, however I have been named to fit the costs which I clearly do not have can you advise me on how I can agree but do not have to pay the fees

  2. Linda, contact your local bar association and get a referral for services that provide free representation for this issue. You should be able to get assistance through a legal aid. Legal aid provides assistance for these sorts of cases.

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