The Stages of Legal Divorce Proceedings

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Whether a split is amicable or not, the process of divorce does involve a little work. It covers all kinds of tasks, from splitting up shared assets to deciding who gets custody of the children. The circumstances of each individual couple are different, but the legal stages of going for a divorce are pretty similar for most.

Firstly, couples must check if they are actually eligible for a divorce. This process involves going to legal experts and making it clear about why you want to divorce in the first place – the reasoning must be something you can both agree on.

The next stage is filing for divorce. This involves filling in a divorce petition form and having all of the relevant details to hand. They are both parties’ names and addresses and having a copy of the marriage certificate. UK couples must pay a fee of £550 to go ahead..

To the Courts

Once the initial paperwork has been sent off, the next step is to see whether you need to go through the law courts. There are some caveats, such as a difference in both divorcees’ stories, but with all the relevant info, you should be on the right track.The court should inform you of whether you need to go there.

Step three would involve preparing for the course case, if applicable. To be fully prepared for this step, it, would be worthwhile speaking to a divorce law expert. With a lawyer or solicitor by your side, you could draw on their knowledge in case there is an unexpected hitch in proceedings.

The fourth step sees both divorcees receive confirmation of a date for a divorce hearing. Afterwards, a set period of time is given to both parties, where they can decide whether to agree with or oppose what has been said in the letter.

The Final Steps

Assuming you are both okay with what has been said, the next step is decree nisi, which means that the courts don’t see any reason why you cannot divorce. From that point onwards, you can work towards decree absolute, which is where the divorce is finalised. For the divorce itself, you need to apply for divorce absolute – there is a separate form for this.

There is a waiting period of up to four and a half months where you can apply once filling in the form. If all goes to plan, you will be legally divorced. However, some of the additional issues such as money and custody of any children will have to be resolved separately.