One grounds for getting divorced is that you simply do not get along with your spouse anymore and you do not want to be married. You need to choose a "grounds" (legal reason) for your divorce. You will need to discuss with your solicitor whether any action needs to be taken in respect of children or financial matters.Īt Linnitts Solicitors we offer a competitively priced Fixed Fee Divorce service as we believe you should pay for the work done, not how long it takes us to do it.Do I need to have a reason to get a divorce? The court will not generally consider children or financial issues within divorce proceedings unless specifically requested to do so by one of the parties to the divorce. We strongly suggest, however, that you receive the advice of a solicitor in relation to divorce proceedings as incorrect completion of the paperwork can lead to difficulties later on, particularly in relation to financial matters. Provided the divorce is uncontested, the procedure is extremely straightforward. If the procedure is undefended neither party has to attend court. It is therefore important to seek legal advice as early as possible. However, it is often the case that the court will not finalise the divorce until financial matters have been resolved. How long will it take?Īn undefended divorce will normally take between 4 – 6 months. Generally, who petitions whom and the 'fact' on which the divorce proceeds aren’t really of consequence when dealing with the other issues that arise on the breakdown of a marriage, such as financial matters and the issues affecting the children.įor more detailed information please see our divorce process guide. Most people will acknowledge that a marriage has broken down. The vast majority of divorces are undefended. If you and your spouse have been living apart for at least five years then either of you may issue divorce proceedings without the other party’s consent. You or your spouse can issue divorce proceedings if you have been separated for at least two years and the other party agrees to the divorce. This is where your spouse has deserted you for a continuous period of at least two years. Agreeing the contents of the divorce petition can prevent misunderstandings and avoid difficulties later on. This can be achieved directly between the two of you, if your relationship remains amicable, or via solicitors.
We strongly recommend trying to agree the contents of an unreasonable behaviour divorce petition with your spouse before issuing proceedings. If the allegations are relatively mild, for example, carelessness with money or devoting too much time towards a career, then five or six allegations may be required. violence, then one or two allegations may suffice. If the allegations are particularly serious, e.g. In an unreasonable behaviour petition, the petitioner sets out a number of allegations against the respondent. You must show that your spouse has behaved in such a way that you cannot reasonably be expected to live with him or her. Unreasonable behaviour is now the most common fact on which to prove the ground for divorce in England and Wales. Your spouse could divorce you on these grounds or you will need to use one of the other grounds - most commonly unreasonable behaviour. Importantly, you cannot petition for divorce on the grounds of your own adultery. Not more than six months must have elapsed since you became aware of the adultery before the petition is sent to the court, unless the adultery is continuing. Adultery can be used as the basis for a divorce petition whether you and your spouse are still living together or have separated. Naming a co-respondent can not only make your relationship with your spouse more acrimonious, but can also lead to delays later on in the proceedings if the co-respondent refuses to sign papers admitting the adultery. You can name the other person involved as a co-respondent but we strongly advise against doing so. This should prevent difficulties and delays later on. If a relationship short of sexual intercourse has taken place or it would be difficult to prove adultery, it is suggested that the unreasonable behaviour ground is used instead. You must prove that your spouse has had sexual intercourse with another person of the opposite sex and that you find it intolerable to live with your spouse.
0 kommentar(er)
