How to get a Divorce
How to get a divorce
Divorce is quite simply overwhelming. It doesn’t matter if you expected it or not, the whole process can seem extremely daunting and complex.
The whole purpose of Quicke Divorce is to help make a complex and daunting time manageable.
This post is to help simplify the divorce process and show it in a much more manageable and simple way, which in reality it is.
You can get divorced In England and Wales if:
• Your marriage has lasted at least 12 months
• You see England or Wales as your permanent home or be domiciled in England or Wales if you live abroad.
There are simply 5 steps to a divorce, they are as follows:
- Find valid grounds for divorce
- File divorce petition
- Acknowledgement of service
- Apply for decree nisi
- Apply for decree absolute
1. Finding valid grounds for divorce
To start a divorce you have to find a valid grounds for divorce, this shows the court your reason for divorce. There are five valid grounds for divorce in England and Wales:
Unreasonable behaviour typically includes physical or verbal abuse, bullying, unfaithfulness, drink or drug abuse, neglect or harassment.
Unreasonable behaviour can be quite vast so we have comprised a list of 10+ examples to help you fully understand the ground you are divorcing on.
If your spouse has had sexual intercourse with the opposite sex whilst you have been married you are able to divorce using adultery. However, you have to divorce within 6 months of finding out.
If your spouse has left you for a long period of time, at least 2 years, then you are able to use this as your grounds for divorce.
Desertion has to be proved, if you have been deserted for over two years then both parties need to agree to the divorce.
Have you been deserted for 5 years? If so, you are able to get a divorce even if your spouse does not agree.
If you have been separated for 2 years or more and are both in agreement then you are able to get divorced quickly and easily based on 2 years of separation.
If you have been separated for 5 years or more you are able to get divorced even if your spouse does not agree. However, you will need to know their current address to serve the divorce papers. If you don’t the process becomes longer and will cost extra.
We’ve helped over 100,000 people get a divorce without hiring a solicitor – Call us on 01793 384 032 to find out how we can help you!
2. Filing a divorce petition
A divorce petition is how you get your divorce started, its also known as a D8 form.
To complete the form you will need to know yours and your spouse’s current address and full name. If you do not know your spouses current address then check out our blog post on getting a divorce without spouses address. You will also need to have a copy of your marriage certificate at hand.
It’s very important to take your time when filling out this form. Ensure that you correctly mark any boxes etc.
3. Acknowledgement of service
Your spouse will need to sign to say that they have received the petition (acknowledgement of service form). This is crucial, if they do not you will have to get the papers served which will result in additional charges and a lengthier process.
4. Apply for Decree Nisi
If your partner agrees with your divorce petition then the judge will grant you your decree nisi, a date stating when the marriage will end. This means that they do not see any reason why your divorce shouldn’t go ahead providing nothing changes.
5. Decree Absolute
Once your decree nisi has been granted you will then have to wait 6 weeks, this is the legal time frame that everyone has to wait. After the 6 weeks is up you can then apply for your decree absolute. This is the final stage and will completely end your marriage.
How long does it take?
The duration of your divorce can vary deeding on how you choose to file it and if your divorce is amicable. If you choose to use a managed divorce package and your divorce is amicable you are looking at a time frame of 16-20 weeks. If you choose to file for divorce yourself or your divorce is not amicable the time frame expands.
If your situation is a little more complex then contact one of our advisors today who can talk you through the process and give you a rough time frame.
How can Quicke Divorce help?
We can help make your whole divorce process simple, we can offer 3 different services to suit your needs and budget.
Our manage divorce package allows you to be stress-free. We handle your entire divorce for you at a fraction of the cost of a high street solicitor.
We can promise that our service is of the highest standard. We will keep you updated along the way via an online portal. This means you don’t have to spend your time chasing up your case and forever feeling lost.