Free Divorce Advice
Divorce is the legal term for a dissolution of a marriage. If problems in a marriage have reached the point of separation the next option may be divorce proceedings
Depending on the individual situation including any financial matters and children involved divorce can be very simple and take approximately four months, or a complicated drawn out process which ends up being taken to a family court for a final decision.
There are lots of options for dispute resolution when going through a divorce which has lots of disagreements without getting as far as a court room, mediation is one such option and will involve discussing the disagreements with an independent mediator who will attempt to come to an agreement both parties are happy with.
There are four steps to the divorce process you should make yourself aware of before going ahead. The example below is relatively simple and does not take into account the many problems you may encounter when divorcing.
1. What are your reasons for divorce? Prior to filing for divorce you must have grounds and have been married for at least one year. The main grounds for divorce are: adultery, unreasonable behaviour, desertion, living separately for 2 years and your husband/wife agrees to the divorce or living separately for 5 years or more regardless of whether your ex partner agrees to it.
If you both agree on the grounds of divorce it makes the divorce process simpler. If you are filing on grounds of adultery your partner must admit to it and the third party will be named and receive a copy of the divorce papers. If you are filing on the grounds of unreasonable behaviour then you must be able to prove his somehow.
2. The next step is to file for divorce by sending a divorce petition to the courts. There is a fee for this which you should look into, if you are on a low income or benefits you may be entitled to some help.
3. After filing for divorce and receiving the courts approval if your ex partner does not contest then you need to submit another form to apply for a ‘decree nisi'
4. If the judge agrees and grants you a ‘decree nisi' you can then apply for a ‘decree absolute' after six weeks, this legally ends your marriage.
Any disputes during these steps or even the courts denying your request for a divorce will slow the process down! Straight forward divorces can be fully completed on your own and end up costing very little in legal fees. If you expect lots of disagreements and contests from your ex partner throughout the process or children and finances are involved then you should consult a solicitor who can give you advice on the process, how to move forward and the legal basis, if any for all of the potential disputes.