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| Divorce is never a pleasant experience, but it needn't be an expensive one - and if the divorce is uncontested there is no reason to go to court either. Divorce - The Basics When you apply for a divorce, your application is known as the petition. The spouse requesting the divorce is referred to as the petitioner. The petition is a written statement declaring that the petitioner wishes to obtain a divorce from his or her spouse. The spouse receiving the petition is referred to as the respondent. The petition must state a reason for wanting a divorce - adultery, unreasonable behaviour, separation (two years minimum if your partner agrees to the divorce or otherwise five years) or your partner has deserted you (two years minimum). After reviewing the petition, the court serves the respondent with the petition. Once the respondent reviews the petition, he or she files an acknowledgement of service form. This informs the court that the respondent received the petition and will not contest the divorce. In the case of a defended divorce, a court hearing will be necessary. However, if neither spouse contests the divorce, it can be dealt with by the courts without either spouse attending. An undefended divorce typically takes between four and six months from submitting a petition to a divorce being granted. The length of time does vary from place to place, with divorces taking longer to process in cities like London, where the court system handles a large amount of divorce cases. After reviewing your case and being satisfied that a divorce should be granted, a judge will issue the Decree Nisi. You do not need to attend court for this unless requested to do so. Six weeks and one day after the Decree Nisi has been issued, you can apply for a Decree Absolute. When you receive the Decree Absolute, you are no longer married. Couples may separate before a divorce, which simply involves living in separate residences. Each spouse should seek the help of a solicitor to understand all the options regarding divorce. A deed of separation, which is a record of the spouses’ agreements relating to financial matters, children, and divorce plans, may be written. Divorces will not be granted to couples married for less than one year. |
2. Do you and / or your spouse live or are domiciled in England or Wales? 3. Is the divorce going to be uncontested? If you can answer yes to these three simple questions then you can complete your divorce online without having to go to court.
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| Divorce In England and Wales Ending A Marriage The Divorce Process The Divorce Procedure Grounds For Divorce Uncontested Divorces Maintenance |
Children And Divorce The Effect Of Divorce On Children Helping Children Cope Your Role As A Parent What To Tell Children When To Tell Children |
Divorce In Scotland Grounds For Divorce (Scotland) Simplified Divorce (Scotland) Non-Simplified Divorce (Scotland) Your Nearest Sheriff Court |
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