Let's talk about Divorce
divorce can be a heartbreaking process especially when one partner is not willing to go through the process. However, knowing what to expect in the law courts will ease the strain and emotional turmoil. One has the option of hiring an attorney who will explain to you how it works, give you legal advice and take care of the whole process for you at a fee.
DIVORCE
The divorce process is outlined in England and Wales as a process where marriage is legally broken. Before most couples decide to have a divorce they enter in legal separation to see if they can sort out their differences. If after the separation the issues are not dealt with then one of the spouses will go ahead and file for divorce. One must have been married for at least a year before filing for divorce. Before the lapse f one year a couple can only apply judicial separation or nullity. One must also satisfy grounds of residence before commencing on the divorce procedure.
GROUNDS FOR DIVORCE
Grounds for divorce are categorized into five categories one being adultery, separation with consent for two years or separation without consent for five years. Either one can site irrational behaviour or desertion as grounds for separation. Once you have established the grounds for separation, the petitioner (the one filing for divorce) will fill out the divorce petition form and attach the marriage certificate and send two copies to the civil and family court or the London principal registry.
PETITION
The next step involves the divorce court sending the petition to the spouse of the petitioner also known as the respondent. The respondent is required to submit a complete acknowledgement of service form which is then sent back to the petitioner by the court. If the respondent wants to contest the divorce, they are given 21 days in which they have to send a complete answer to the divorce petition form. The form should state their reasons for contesting. At this point, the respondent can also decide to file divorce proceedings against the petitioner with another claim. Court fees apply in either situation
DECREE NISI AND DECREE ABSOLUTE
Decree nisi is acquired next. This is a request to proceed with the divorce. For this to be granted, you require a divorce response from the respondent and an affirmation of divorce statement form containing terms as stated originally by the divorce petitioner. These statements must indicate any of the five grounds for divorce such as adultery and separation with consent. For the decree nisi to be granted the respondent must agree to the divorce, and the judge can see the grounds for divorce. Legally the judge accepts the divorce thus granting the decree nisi. If otherwise the respondent disputes with reasonable arguments then a notice of refusal is issued stating reasons why the nisi is not given. Decree absolute is issued one and a half months after the decree nisi. This is the final stage of a divorce which signifies the end of marriage legally. Other issues such as children and financial problems are also addressed.