The Divorce Process
by Sam Mitchell - Paralegal
11 December 2012, filed under Divorce
There is a divorce process in the UK that you must follow in order for the divorce to be final. Divorce can be a quick process as long as both parties are in agreement. In fact you might be able to use a DIY divorce option if you are in sole agreement about the entire divorce process.
Typically the divorce process is going to take four months when both parties are in agreement. It is important to agree on the reason or reasons for the divorce. If children are involved then you must come to an agreement about custody, child care, and overall how the children will be looked after. If there are any property, possessions, or money an agreement in how to divide this will be needed. Visit the divorce section of the site in order to obtain more information.
Grounds For Divorce
You have to prove a reason why you should break your commitment to another party. These reasons are called facts or grounds for divorce. The grounds for a divorce state you need to be married for at least a year, have a legally recognised marriage, and have some type of irretrievable reason that the marriage did not work. Adultery, unreasonable behaviour such as spousal abuse physically or mentally, desertion, separation for over two years, and separation for more than five years are some of the grounds for divorce.
Filing for Divorce
A divorce document which is signed by both parties will need to be submitted. This is often called a divorce petition in which you apply to the court for a divorce. You can create a DIY divorce petition through using a template you download. The document can be sent to the court for an easy divorce process; however, you may also send it and request a court date if things are a little complicated.
A decree nisi is the next stage in which both parties agree and the court will send a document stating there is no reason that you are unable to get a divorce. This is the paper work that shows you are in the process of the divorce. It is the stage before the absolute divorce decree is given. The decree absolute shows that you have legally ended your marriage. It will take six weeks after the decree nisi is issued for the absolute decree to come in the mail. It will take the decree absolute for you to be officially divorced in the eyes of the court.
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