Guide to Getting a Divorce

Reaching the conclusion that your marriage is over and that reconciliation is not an option can be a tumultuous time and can lead to confusion and further upset for all parties. Couples looking to complete a divorce in a smooth and timely manner are well advised to follow the guide below, which provides a wealth of advice and tips to getting a divorce in as stressless manner as possible.

What Are the Grounds for Divorce?

In order to be granted a divorce, you must show that there are genuine and acceptable reasons for wanting to end your marriage. There are five acceptable grounds:

• Adultery - Your spouse had sex with someone else. This reason is only acceptable if you file for divorce within 6 months of the adultery.
• Unreasonable Behaviour - Your spouse behaved so badly that you are unable to continue living with them. This could include violence, financial non-commitment, substance abuse or verbal abuse.
• Desertion - Your spouse has left you without reason or agreement, and has been gone for over 2 years.
• You Have Been Living Apart for 2 Years or More - If you both agree to the divorce and have been living apart for at least 2 years.
• You Have Been Living Apart for 5 Years or More - If you disagree on the need for a divorce but have been living apart for at least 5 years.

How Do I Get a Divorce?

You can get a divorce if you have been married for a minimum of 1 year, and your marriage is beyond repair. Your marriage must be legally acknowledged in the UK, and you must have a permanent UK address. There are three prime steps to getting a divorce:

• File a petition for divorce. This means applying to the court for a divorce and explaining the reasons why the divorce is required.
• Apply for a decree nisi - if your spouse has no objections to the divorce, this document confirms that there is no reason for the divorce to be denied.
• After 6 weeks from receipt of the decree nisi, apply for a decree absolute. This document legally ends your marriage.
• If you are unable to reach an agreement in all relevant areas, a solicitor and ultimately, a court, may have to be appointed to assist in the decision making and arrangement finalisation. If one party doesn't agree to the divorce, a Notice of Intention to Defend will be required. This document details why the person does not agree to the divorce. It is likely that this will lead to a court hearing to determine whether a judge believes the marriage to be irreconcilable.
• If a court is required in order to reach decisions, litigation is needed. This involves a more invasive study of your marriage, family, assets and future. This is by way of a court determining the most fair and realistic future for all parties concerned. The court will always prioritise the needs of children before those of the divorcing couple.

Do I Need a Solicitor to Get a Divorce?

If you and your spouse agree on all aspects of your divorce, including the grounds for divorce, the care of children and financial and property details, a solicitor will not be a necessity.

If there are any areas of disagreement, a solicitor will be able to assist in managing your divorce and reaching settlements and future arrangements. There are a wealth of solicitors who are experts in this field and who can ensure that your divorce process is as smooth and structured as possible.

Will I Need to go to Court?

By reaching an agreement on the above details, a court hearing will not be required, and the divorce process will be relatively straightforward. To help reach an agreement, family mediation may be required, and research into this area is advisable. The Family Mediation Council has a wealth of information on the available services and advice on offer.

Should a court be required to reach agreements, litigation is the name of this step. Litigation can be a costly and time-consuming process, and so should only be used as a last resort. Your solicitor will be well versed in litigation processes and will work with you to minimise the need for this step. If litigation is unavoidable, your solicitor will work closely with you to meet your needs in the best way.

What is the Process of Initiating a Divorce?

To initiate divorce proceedings, you will need to following the steps below:

• File For Divorce: You will need to fill in a Divorce Petition Form, which details yours and your spouse's name, address and your marriage certificate (the original or a register office copy). If you have children, their names and dates of birth will also be required.
• Pay the court fee of £410.
• Send 2 copies of the Divorce Petition Forms (3 if a third party was involved in adultery cases, as a copy will be sent to them too). You should keep a copy for your records.
• Send the above to your nearest divorce court.

How Long Does a Divorce Take?

An undisputed divorce should take approximately 3-5 months to complete from the date of petition to the date of decree absolute.

A disputed divorce can take longer, depending on the need to involve the court further, and the amount of time it takes to reach an agreement on all matters.

Getting Divorced With Children

If you have children, it is important that you and your spouse ascertain who will look after them during and following the divorce.

As with all instances, if you can reach an agreement between you, the process will be less expensive and likely, less distressing for all parties involved. It is necessary to establish where the children will live, visiting times and contacts times and methods.

If you are unable to reach an agreement between you, it will be necessary for the court to intervene and make decisions about the children. A divorce will not be granted until the welfare and care of any children has been established.

Solicitors and mediators will be able to provide a wealth of information and advice in this field.