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Divorce FAQ
Below are some of the questions we are most commonly asked. Click on a link to see the answer to that question. If you have any other questions please do not hesitate to contact us.
- When can I get divorced?
- What are the grounds for a divorce?
- Can I state my own adultery as reasons for a divorce?
- How long does it take to get a divorce?
- What if my husband/wife defends the divorce proceedings?
- Will I have to go to Court to get a divorce?
- How much does a divorce cost?
- Can I get Legal Aid for a divorce?
- If I move out of the family home, will this affect my rights?
When can I get divorced?
In England you can initiate divorce proceedings after you have been married for one year.
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What are the grounds for a divorce?
There is only one ground for divorce; the irretrievable breakdown of marriage. However, you have to prove irretrievable breakdown with one of five facts.
- Adultery
- Unreasonable behaviour
- Separated for two years and both parties consent to divorce
- Separated for five years without consent
- Desertion for at least two years
Please see our page on Grounds for Divorce for more information.
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Can I state my own adultery as reasons for a divorce?
No. You will have to ask your spouse to divorce you on this basis or petition yourself based upon a different fact.
Please see our page on Grounds for Divorce for more information.
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How long does it take to get a divorce?
A typical divorce takes between 4 and 6 months, if matters are straightforward. Much depends on whether or not your spouse responds quickly when he or she receives your petition. The divorce may also be delayed due to the division of matrimonial assets and it is best to completely resolve this before you apply for the decree absolute. The divorce could also be delayed by any issues concerning the children.
In general, the more you and your spouse can agree on, the quicker the divorce process will be.
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What if my husband/wife defends the divorce proceedings?
Defending a divorce is very rare and also costly so in the vast majority of cases it is generally not advisable. People recognise that there is little point in trying to keep a marriage alive when the other spouse considers the relationship at an end.
If you issued the divorce petition your spouse could defend the divorce and likewise if your spouse issues divorce proceedings you could defend them. If a defence is filed there has to be a hearing where the Judge decides if there is enough evidence for divorce.
More commonly someone will dispute the reasons stated for a divorce in the petition, for example adultery or unreasonable behaviour. In these circumstances this may cause a delay in the divorce process or it may mean that a suitable alternative reason has to be found which both parties can agree upon. An experienced divorce practitioner will help you to find the most suitable reason when petitioning for a divorce.
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Will I have to go to Court to get a divorce?
Court hearings most commonly arise when agreement cannot be reached on issues such as finances and arrangements for children.
In many straightforward divorce cases you will not have to go to Court. If the divorce is uncontested and you are able to reach agreement on finances and children, then a formal court hearing is unlikely to be necessary.
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How much does a divorce cost?
The cost will depend on a number of factors. A straightforward divorce with no complications will cost less than one where in-depth negotiations and disputes about finances and children are involved.
Contact us for a consultation to discuss your case.
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Can I get Legal Aid for a divorce?
From April 1st 2013, Legal Aid is no longer available for divorce. Please contact us to discuss what the costs of a divorce are.
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If I move out of the family home, will this affect my rights?
If you are considering moving out of the family home it is always advisable to take legal advice first. Please contact us for more information.
In general a spouse will not be penalised for moving out of the family home in terms of the ultimate financial settlement.
Although your legal rights are not affected by moving out, other factors will be affected. For example you will temporarily lose access to personal possessions.
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