Here we want to provide with you an easy to follow step-by-step divorce guide. Getting divorced is an overwhelming and sometimes lengthy procedure, so here we hope to demystify some of that for you.
Firstly, if you have been married for over a year, provided you or your spouse is either domiciled here, or has been resident in England or Wales during the preceding six months; you can then commence divorce proceedings regardless of where the marriage took place. Secondly, the only ground for divorce is that the marriage has irretrievably broken down and there are five facts on which this can be based upon. Once you have established the grounds for divorce, we will then commence your divorce petition together.
Facts to Rely on for a Divorce
1. Your spouse has committed adultery and you find it intolerable to continue living together.
2. Your spouse has behaved in such a way that it would be unreasonable to expect you to continue living together.
3. Your spouse has deserted you for a continuous period of 2 years or more.
4. You and your spouse have been living separately for 2 years or more and your spouse consents to the divorce.
5. You and your spouse have been living separately for 5 years
The Divorce Process
Below we set out for you the process of your case:
• The Divorce petition is sent to court by the petitioning spouse
• A copy is sent to the Respondent (husband or wife)
• The Respondent (husband or wife) completes an Acknowledgment of Service
• The Acknowledgement of Service form asks the Respondent whether they intend to defend the petition and whether any claim for costs is disputed.
• Proof that the Respondent and any named Co-Respondent have received the petition will have to be obtained before the Petitioning spouse can take the next step.
• This may involve arranging for someone to deliver the petition to the Respondent and any named Co-Respondent personally or by obtaining a Court order dispensing with service.
• If undefended, the Petitioning spouse signs a statement confirming the details are true.
• The judge will decide if the Petitioning spouse is entitled to a divorce.
• The Court sets a date for pronouncement of Decree Nisi.
• Six weeks and one day after Decree Nisi you can apply for Decree Absolute.
• 3 months after the Petitioner could first have applied for Decree Absolute the Respondent may apply for the Decree Absolute if the Petitioner has not already done so.
Once you are divorced it is important that you make a Will or if you have a Will already, we strongly advise you get this updated.