Divorce Procedure – A Guide to the Divorce Procedure from Start to Finnish

According to most divorce solicitors the first step in the divorce procedure is to be able to prove beyond a shadow of doubt that you have a good reason to get divorced. According to English law in order to obtain a divorce you must be able to prove that your marriage is irreconcilable.

Thats why couples should go through a divorce cooling off period for about three months period before getting divorced.

This means that you have to be able to show that your spouse has committed adultery or has continuously behaved in a way that makes it impossible for you to continue to live with them. You can also get a divorce if you have lived apart for at least two years if they consent to the divorce or five years if they do not consent.

The Divorce Petition

Next you will need to file a Divorce Petition with your local county court. The petition states all of the pertinent information such as the name of the petitioner (that's you) and the respondent (your spouse) as well as where each of your lives and any other personal information. The petition also covers the reason for the divorce and may have ancillary papers that state what kind of financial settlements are required. If you have any children under the age of 18 you will also need to file a Statement of Arrangements for the Children.

You can either use divorce solicitors to help your draw up the paperwork, you can get copies from you local court or you can download it from one of the many online services that offer complete divorce packages. After all of the paperwork has been filled out and approved by both parties the next step is to file them with the court along with your original marriage license and pay the fees which are currently (2009) around £350.

The next step in the divorce procedure is the Court will issue the Divorce Petition and send copies of all paperwork to your spouse along with an Acknowledgement of Service of the Divorce Petition which they must sign and return to the court. At this point your solicitor will help you prepare an affidavit in support of the Petition which is a sworn statement that everything you said on the petition is true.

All of this is sent to the Judge to consider your petition.If the judge is satisfied that you have a good reason to get divorced he will issue a Decree Nisi which is the first step of the divorce. After you have the Decree Nisi you will have to wait a further six weeks before you can apply for the Decree Absolute using yet another form and paying the appropriate fees. Once you receive the Decree Absolute your divorce is final and irrevocable.