Divorce Questions and Answers

Once you have established that your marriage is irretrievably broken down you need to establish one of the five facts:-

1. Your husband/wife's adultery (if you have committed adultery, your spouse may be able to issue a Divorce Petition against you)
2. Your husband/wife's unreasonable behaviour
3. That you have been separated for 2 years and your husband/wife consents
4. That you have been deserted by your husband/wife
5. That you have been separated for 5 years

In the following circumstances:-

1. If your Husband/Wife agrees
2. If the Court makes an Order (usually in unreasonable behaviour petitions or petitions on the ground of adultery)

You need to prove that your husband/wife has actually had sexual intercourse with another woman/man.

You may be able to petition on the ground of unreasonable behaviour, citing the adultery.

1. Seek advice if you are uncertain
2. Complete the Acknowledgement of Service and return it to the Court within 14 days of receipt

Defended divorces are rare for a number of reasons. It is costly and can often be unsuccessful. If you are considering defending a divorce petition you should seek advice from a member of the team about the prospects of success and other alternatives to defending the proceedings

Yes, you can object in the Acknowledgement of Service. However, you must have reasons for objecting and should seek advice concerning this.

You may file your own Statement of Arrangements for the Children in those circumstances. If there is a dispute and the District Judge has any concerns about the arrangements for the children, in some cases a short Hearing is listed. You should always try and resolve the arrangements for the children amicably between you wherever it is possible.

In many circumstances, couples remain living together until they are divorced and this does not affect a divorce petition proceeding. However, you should seek advice as to whether it may affect your particular petition. If, for example, you petition on the ground of unreasonable behaviour citing that you cannot live with your spouse, and you continue to do so, you may be required to provide further explanation to the Court regarding your day to day arrangements.

We can help you with any legal concerns at every stage of the divorce process. If you are suffering with anxiety, stress, or depression, advice from our Human Givens Therapist Marilyn Francis may assist you to resolve your difficulties and move on with your life. Further information on the Human Givens approach can be obtained from www.hgi.org.uk and we can put you in touch with Marilyn who can see you at our offices.

Clients often ask this question and it is difficult to be precise as each divorce is different. As a general rule of thumb a divorce takes approximately 4-6 months to process.

Many factors can lead to delay:-

1. Uncooperative husband or wife
2. Financial matters (where there are other financial matters to be resolved this can cause delay)
3. Children matters (in some circumstances the Judge may request further information or that consideration be given to the arrangements for the children during the divorce process)
4. Court - it is sometimes the case that the Court is unable to deal with things as quickly as normal, due to a huge volume of cases

You can withdraw your divorce petition at any point up until the Decree Absolute.

Each divorce case is different and your advisor will give you an estimate of costs relevant to your case. There is a Court fee of £300 to issue a divorce petition and a further court fee of £40 for the Decree Absolute. You may be exempt from paying the fees because of your financial situation. Guidance regarding this can be sought at www.hmcs.gov.uk.

We offer Legal Help (formerly known as Legal Aid) for divorce proceedings and can assess your eligibility or alternatively the details can be found at www.legalservices.gov.uk in the section marked 'eligibility calculator.' We can offer an initial consultation to assess eligibility.

You can issue divorce proceedings without instructing a Solicitor but if you need advice during the process, a Solicitor should be instructed. It is advisable to seek advice prior to issuing divorce proceedings yourself.

Membership of Resolution commits family lawyers to resolving disputes in a non-confrontational way. When disputes are resolved in the constructive and non-confrontational way promoted by the Code, the outcome can be much better both financially and emotionally for all concerned. Please visit our website for details of members of the team who are Resolution Members. All of our team members adhere to the Code of Practice and you can view more information at www.resolution.org.uk