Divorce Guide

Divorce Guide

Getting a divorce

Getting a divorce begins with a form called a ‘petition for divorce’, otherwise known as form D8. The petitioner spouse need to fill in three copies; one for him/her, one for court and one for other spouse.

Starting divorce process

Once the petition is filed, which can be obtained from a solicitor, some stationers, or HM courts service website, the plaintiff (one who files the petition) spouse needs to take the petition to a divorce county court. On the form the plaintiff needs to mention the reasons for divorce as divorce proceedings cannot be started unless the spouse has been married for a year.

Reasons for divorce

The court only grants a divorce if a judge agrees that the couple’s marriage is nearing an end. Legal term for this is ‘irretrievable break down’. The spouse needs to persuade the court that one or more of the following is true as proof that their marriage is over:

  • Adultery by either spouse
  • Unreasonable behavior by either spouse (any behavior that means either of the spouses cannot line together)
  • Desertion for a period of at least two years
  • 2 years separation, if both parties agree to a divorce
  • 5 years separation. If there is no agreement to divorce

Main stages of divorce

Divorce process starts once the petition is returned to the court by plaintiff. From this stage plaintiff spouse is legally known as petitioner and other spouse whom the petitioner is divorcing is known as respondent. The petitioner needs to supply copies of his/her marriage certificate, details of any children involved and also name and address of the person with whom the respondent spouse has committed adultery, if the petitioner spouse wish to name in divorce proceedings as ground for divorce. The third person is also known as ‘co-respondent’.

Serving the petition

The court would then post a copy of petition to the respondent and co-respondent named in divorce petition. This is known as ‘serving the petition’. The respondent then has eight days to acknowledge receipt of petition. If they are unable to do this, the court would then ask for more details from petitioner and if necessary arrange for a court official known as bailiff to serve the petition in person.

Decree Nisi

The next part in getting a divorce is known as ‘Decree Nisi’. This is first stage of actual divorce. It is granted only when a judge has received all the papers and is satisfied that there are proper grounds for a divorce. The judge would also check that all financial issues and arrangements for children have been agreed or in process of being resolved.

Decree Absolute

The final stage of a divorce is known as ‘Decree absolute’. The petitioner can apply for Decree Absolute six weeks and a day after Decree Nisi. If the petitioner fails to apply for it, then respondent can apply for it, but only after further 3 months have passed. When the petitioner receives Decree Absolute, he/her is no longer married and is free to re-marry.

The court would only grant Decree Absolute when the judge agrees that all arrangements for children are satisfactory.

Getting a divorce is never easy and could involve lot of complications so one has to be emotionally strong to go through it.

Here are some topics to provide you yet more details about getting a divorce:

Divorce Guide

Divorce Advice
Divorce Laws
Divorce Mediation
File for Divorce
DIY Divorce
Getting a Divorce
Divorce Guide for Men
Divorce Guide for Women
Divorce Child Support
Divorce Questions
Divorce Counseling
Divorce Alimony
Divorce Custody
Divorce Support
Divorce Rights
No Fault Divorce
Divorce Settlement
Divorce Papers
Fast Divorce
Uncontested Divorce
Quick Divorce
Collaborative Divorce
Divorce Cases
Divorce Paperwork
Divorce Procedures
Low Cost Divorce
Divorce Court
Divorce Petition
Stop Divorce
Cheap Divorce Lawyers Divorce Court Records

Divorce in Australia

Divorce in Europe

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