What legal work is involved in getting divorced?

 

What legal work is involved in getting divorced?This depends on whether you are the petitioner or respondent and whether there are issues in dispute. Less work is involved if there are no issues in dispute which is why we offer this work on a fixed fee basis. If you are the respondent in an uncontested case there is even less work which is why we offer a lower fixed fee. If there are no issues then it is extremely unlikely you will need to attend court as the procedure is mainly a paper one. If there are issues in dispute however we have to do more work and you may need to attend a hearing where a judge will decide the matter.

Whichever party you are the procedure is as follows:

1) The solicitor acting for the party bringing the proceedings (known as the “petitioner”) drafts and files a form (called a ‘petition’) with the Court commencing the proceedings

2) That solicitor if applicable also drafts and file a form (called a “statement of arrangements for children”)

3) The Court serves these on the other party(known as the “respondent”)

4)The solicitor acting for the respondent then completes a receipt (called an “acknowledgment”) stating if the divorce is opposed

5)The petitioner’s solicitor then prepares a document (called a ‘request for directions for trial’), for the Court. This may be supported by a formal statement (called “an affidavit”)

6) The District Judge checks all the paperwork to establish the petitioner have proved grounds for divorce. If this is the case he will grant a divorce in principle (called a “decree nisi”)

7) 6 weeks and 1 day later, provided there are no problems, the petitioner’s solicitor will make an application get the divorce made final (known as a “decree absolute”) which is the formal order dissolving the marriag.

Throughout this process we will tell you when each one of the above steps has been taken. In addition to the completion and filing or all the paperwork we include an allowance of 2 hours discussion with you by phone, e-mail or in person. In the vast majority of cases this is more than sufficient to deal with all the work involved.