Five steps to obtaining a divorce

By DRN Solicitors

15 Jul 2020

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Whether you’ve drifted apart/ have been separated for years there are many reasons why a couple might want to end their marriage to one another.

How do I get a divorce?

Whether you’ve drifted apart, been separated for years, or your relationship has been met with more recent complications, there are many reasons why a couple might feel obligated to end their marriage to one another.

Whilst getting a divorce can often be a stressful and difficult time for those involved, the process of applying for and obtaining your divorce doesn’t have to be. Enlisting the help of expert solicitors at DRN will ensure that your divorce proceedings are carried out with efficiency and professionalism, and we always endeavour to make the overall process as stress-free as possible.

The five steps to getting divorced  

Finding your grounds for divorce

When applying for a divorce, you must always provide a reason for making your request. The reasons behind why you would like your marriage to end are multiple, however, they broadly fit into two main categories.

Adultery

If your spouse has been unfaithful to you and has engaged in sexual activity with another person, this can be valid grounds for divorce.

Unreasonable behaviour

Unreasonable behaviour is cited as the most common grounds for divorce in England and Wales, with 51% of all applications from husbands and 36% of all applications from wives stating unreasonable behaviour as the reason.

Examples of unreasonable behaviour can range from the minor to the major and/or criminal. The most common examples of unreasonable behaviour used in divorce proceedings are:

Domestic abuse and physical violence Lack of sexual activity between spouses Family disputes Inappropriate relationship with another/infidelity Debt or financial recklessness Verbal abuse, shouting, belittling or threatening behaviour Obsessive behaviours (including obsessive hobbies) Lack of socialising together Excessive drunkenness and/or substance abuse Lack of support

The expert solicitors at DRN will be on hand to provide support and guidance throughout your divorce application and will be able to advise which grounds for divorce are the best to choose in your situation.

Filing a divorce petition

The next step will involve your solicitor making an application to the court on your behalf to gain permission for you to divorce your spouse. Your application will outline the reasons behind the breakdown of your marriage and the reasons for why you would like for it to be over.

Upon receipt of the documents, the court will send a copy of your petition to your spouse, which they will then need to respond to in order for proceedings to move forward.

The Acknowledgement of Service

After your spouse has responded to the divorce petitions, your completed divorce application will be sent to the court for approval. Once it has been checked over by court staff, if all paperwork is correct it will be stamped and returned, along with an individual case number.

Decree nisi

Once all of the details outlined in the divorce have been agreed upon between you and your spouse, you will be issued with a decree nisi. The decree nisi is a legal document which confirms that there is no good reason why the marital contract cannot be terminated.

The judge will set a nisi pronouncement date, allowing you to move onto the final step of obtaining your divorce.  

Decree absolute 

Six weeks after the pronouncement of decree nisi, you will then be eligible to apply for a decree absolute. Upon receipt of the decree absolute, your divorce will be finalised and you and your spouse will no longer be married. 

How long will my divorce take?

The length of time it takes from making your divorce application to receiving your decree nisi and decree absolute can vary, and any unexpected complications experienced along the way can cause delays.

The DRN team work hard to ensure that all divorce proceedings are carried out and completed in as little time as possible.  

How much does a divorce cost?

Experiencing issues within your family life can be stressful enough without the added worry of how you are going to be able to cover the fees of getting your divorce proceedings resolved.

At DRN, we offer a range of fixed-fee packages and flexible payment plans, providing affordable solutions for many of our legal services.

Our fees may also be financed by legal aid. Contact us to find out if you could be eligible.

Call us today on 01282 433241 to talk us through your situation and find out more about our family dispute and divorce services.

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