Divorce Guide

Divorce Guide

D8 Divorce Petition

Divorce starts when you file a form called a Ďdivorce petitioní, also known as Form D8 divorce petition. You have to file three copies of this form; one for your spouse, one for the court and one for you.

Starting the Divorce Process

You can get the petition form from a solicitor or the HM Courtís Service website. Fill the petition form and submit it to the county court where either you or your spouse resides.

You have to fill the basic information and the reason for why you want to file for divorce. You have to be married for at least one year without which you cannot start the divorce process or file the D8 divorce petition form. The process of divorce starts when the D8 form is filed and ends when divorce decree is signed by the court.

Reasons for Divorce

The court will grant you a divorce on the basis of fault or no-fault grounds. For no-fault divorce, the legal term used is 'irretrievably broken down' of marriage. If you are filing divorce on fault basis, the reasons can include:

  • Adultery by your spouse
  • Cruelty
  • Impotency
  • Imprisonment or drug addiction
  • Desertion for at least two years
  • Two years' separation, if both agree for divorce
  • Five years' separation, if there is no agreement of divorce is made.

The Main Stages of Divorce

The divorce process starts when you file the petition. This form states that you donít want to continue your marital relation with your spouse. If you are filing the petition, you will be called as petitioner and your spouse will be known as respondent.

Along with the D8 petition form, you also have to submit your marriage certificate, details of children (if any), the name and address of you and your spouse and other basic information. If issues of children are involved, you also have to file D8A along with the petition form.

Serving the Petition

Along with submitting the petition to the court, you have to serve the documents to your spouse too. This serving process is also known as 'serving the petition'. Your spouse should respond to your petition soon after he/she is served.

Getting Help in Filing D8 Divorce Petition

In case your divorce is uncontested which means issues of children are solved, you donít have to hire a lawyer. But in case if your divorce is contested, you have to hire a lawyer who can guide you well in your divorce case. He/she can help you in the situation where:

  • You are not sure about the grounds on filing for divorce
  • Your spouse does not agree on the terms of divorce
  • You have children.

You can get legal advice on financial issues and other issues like alimony, child custody, child support, property division and debt payment. All these issues before filing to the court are solved on trial basis. You can hire the lawyer with the help of the Citizens Advice Bureau.

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