When you get a divorce, the process can be lengthy and very stressful, or quick and easy, it all depends on how well you and your ex-partner can come to an agreement. No matter what your divorce process looks like, you can really benefit from getting help and advice from divorce solicitors in Guildford.
What’s the procedure?
To start off the divorce process, either you or your ex-partner needs to issue a divorce petition. This is the first step of the divorce, and you can get help from a solicitor to do this if you would like. The divorce petition will lay out the reason why you want the divorce, and will then be approved and you can move onto the next step. There are 5 reasons on the petition, and you will need to choose one or more as the grounds for your divorce.
Reasons for a divorce
You may be wondering what the reasons are that are provided on your divorce petition. There are 5 in total, and it makes the divorce process a lot simpler if your marriage relates to one or more of them.
The first reason provided is adultery, which is when your husband or wife has had sexual intercourse with someone else. This betrayal can be really heartbreaking, and is seen as a very valid reason for you to file for divorce.
The second reason is unreasonable behaviour, which is when your spouse is acting in such a way that means you can’t be married to or live with them anymore. This includes things such as drug/alcohol abuse, not paying shared expenses and physical violence.
Desertion is when your spouse has essentially abandoned you without your consent or any good reason. This is another very valid reason for divorce as if your spouse has deserted you, you might not even know where they are and therefore cannot stay married to them.
Separated for 2 years
If you and your ex-partner have been separated for 2 years, you can easily file for a divorce, but will need the other person to agree to it.
Separated for 5 years
When you and your ex-partner have been separated for 5 years, you can file for a divorce without needing the agreement of the other person.
Acknowledgement of service
Once your divorce petition has been issued, the next step is for something called an acknowledgement of service to be sent to your ex-partner. This is an acknowledgement of the fact that you want the divorce, and they will need to agree to it, complete the document and send it to the court. If they don’t agree to the petition and don’t complete it, this can make it a lot harder for you to get divorced.
Once the other party has completed and sent the acknowledgement of service to the courts, they will then prepare the papers for something called a decree nisi. The decree nisi is essentially a document produced by the court to state that they see no reason that the divorce cannot go ahead.
Once the decree nisi has been created and all of the terms of the divorce agreement have been settled, your decree absolute can be pronounced, which will officially end your marriage.