How to Get a Divorce

Have I got grounds for a divorce?

Before a divorce can be granted, one year has to have elapsed from the date of the marriage and the court has to be satisfied that the marriage has “irretrievably broken down”. This is proven by one of five facts.

1. Adultery – the other person has committed adultery and you find it intolerable to live with them.
2. Unreasonable behaviour – the other person has behaved in such a way that you cannot reasonably be expected to live with them.
3. Desertion – the other person has deserted you for a continuous period of two years.
4. Two Years Separation – the two of you have lived apart for a continuous period of two years immediately preceding the presentation of the petition and that the other person agrees to be divorced.
5. Five Years Separation – the two of you have lived apart for a continuous period of five years and no consent is required.
   
   

Your solicitor should advise you whether any of the above factors apply to your situation.

What do I need to file for a divorce?

To file for divorce, you'll need to:

• File a divorce petition form
• Pay court fees
• File a decree nisi - this is the court order stating the date on which a marriage will end
• Decree absolute - this is a court-issued certificate that concludes the divorce process

The divorce petition form allows you to ask the court for permission to divorce and details the reasons for you wishing to end your marriage. A solicitor can help you prepare this document. 

The court will then send your spouse an acknowledgement of service form which your spouse (the respondent) will need to respond to within 7 days. 

How long does it take to get divorced?

There are no set time scales as each individual’s circumstances are unique. Generally the most straight forward divorces take about four to six months. Sorting out complex financial disputes, especially where houses or business assets are involved can take much longer.

How much does it cost to get a divorce?

Costs to consider when getting a divorce include the cost of filing the divorce to the court and any solicitors fees. This does not include any future maintenance or financial agreements further to the divorce being confirmed.

If you decide to instruct us, we will provide full details of costs and how these are calculated at the initial meeting before any legal work is undertaken.  For uncontested divorces we are able to offer a fixed fee so that you can be sure of what our costs will be from the outset.  

Sanders Witherspoon LLP offer a one hour initial consultation for £150.00 plus VAT in which we can discuss your matter with you and provide you with our best estimate of how much your matter will cost overall, how long it will take and what to expect at the end of it. 

What happens after a divorce petition has been filed?

If you have received a divorce Petition then you should not delay matters and should get in touch with us as soon as possible so that we can arrange a meeting to review it with you and explain what every part means. We can also help you complete the forms which must return to the court. If you plan to defend the proceedings we can discuss this with you as well.

Can I get an online divorce?

Often people think that it is quicker and easier to apply for a divorce online without involving a solicitor. 

This is not the case as no matter whether a divorce is applied for online or through a solicitor, the process will still take roughly four to six months if both sides agree.  

Applying online offers no guidance or legal advice and support in the matter and will not advise you on important points of law. So although it might seem easier to apply online, it is much better to meet face to face with a solicitor to discuss the details of your individual matter.