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| Uncontested divorces typically take 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. Uncontested Divorces Divorces are strictly an administrative procedure if the divorce is uncontested or undefended. The spouses discuss and determine the terms of their divorce, and the court reviews the arrangements and either accepts or denies the arrangements. Court hearings will be necessary if the spouses cannot agree on the terms or if the court is not satisfied with the submitted information. Most divorces take four to six months to become final, but this may be extended depending on which court district the divorce petition is filed. London’s court system, for example, receives a large amount of divorce requests, and couples filing in this court can expect a longer wait for the divorce finalisation. The spouse requesting the divorce, known as the petitioner, files a petition with the court. Each couple submits a standard petition form, but the individual and personal circumstances of each couple are described on the petition. The petition lists the children, details of the marriage, and reason for divorce. The petitioner may be asked by the court to pay for all court fees and the costs of preparing the divorce documents. Adultery and unreasonable behaviour are among the acceptable reasons for divorce. If one of the spouses has deserted the other spouse for two years, the court can grant a divorce. A couple that has lived apart for at least two years can receive a divorce if both spouses agree to the divorce. If a couple has lived in separate residences for at leave five years, a divorce can be granted without consent of both spouses. The judge will determine if a divorce is acceptable, given the information provided. The judge may request additional information if the submitted information is incomplete and more explanation is needed in order to decide whether the divorce request is acceptable. A divorce will not be granted to couples married less than one year. The court files the petition and then sends the petition to the other spouse, referred to as the respondent. The respondent lets the court know that he or she has received the petition and states that they do not contest the divorce by filing an acknowledgment of service form. The court will move forward with the divorce procedure once this form is received. After the court receives the acknowledgment of service form, the petitioner may submit an application for a Decree Nisi. A Decree Nisi indicates that the case may move forward to a final divorce. A date for a court hearing is assigned, but neither party is required to appear for this court hearing as it only involves the judge reading the list of names of those that have been granted a Decree Nisi. Six weeks and one day after the Decree Nisi is granted, the petitioner may ask for a Decree Absolute, which declares the end of the marriage. |
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) Your Nearest Sheriff Court |
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