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Your divorce will involve several steps as detailed below. An undefended divorce typically takes between four and six months from start to completion. This length of time may be extended in large cities, such as London, where the court system handles a large number of divorce cases.

The Divorce Process


1. Filing The Petition

The first step in the divorce process is filing a petition with the court. 

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.

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 defend the divorce. 

In the case of a defended divorce, a court hearing will be necessary. If the divorce is not contested neither party will have to attend court.

The petitioner files a written application for directions, which is a formal request for the divorce. 

2. The Court Will Decide Whether Or Not To Grant A Divorce

The judge reviews each application for directions and all evidence associated with this form and determines whether or not the case is acceptable. 

If the judge does not accept the application for directions, the petitioner is asked for more information or an open court hearing date is scheduled. 

3. The Decree Nisi Is Issued

Most divorce cases are accepted and are placed on the special procedure list.  The special procedure list is a record of undefended divorce cases which is read aloud by the judge in open court.  The divorcing parties do not need to be present for this reading. 

The date for the Decree Nisi and costs are determined, and this information is sent to both spouses. 

The Decree Nisi indicates that the court agrees with the the divorce. 

Arrangements for any children are determined at this point. The court must examine and agree with arrangements made for the children including who they are going to live with, where they are going to live, and what contact they will have with the non-resident parent.


4. A Decree Absolute Is Obtained

The petitioner may file for the Decree Absolute to officially end the marriage six weeks and one day after the decree nisi is issued. 

Any objections to the divorce by the respondent must be made within these six weeks. 

If the petitioner fails to apply for the Decree Absolute, the respondent may apply after an additional three months. 

When you receive the Decree Absolute, you are no longer married and are free to re-marry if you so wish.

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Online Divorce Requirements
1. Have you been married for at least 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
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)


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