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DIVORCES
If you are contemplating divorce, or have had it thrust upon you, there are several questions that you will need answering:-
How do I go about getting a divorce?
How long will it take?
What exactly is involved?
How much does it cost ?
What are my rights?A real problem is that everybody is an “expert” on divorce. Currently 1 in 3 marriages break down and we all know someone who is going through a divorce or has had one in the past. The fact is that every marriage is different, so every divorce is different. This is why you will need a specialist solicitor to guide you through your divorce, offering reassurance, support and guidance.
Everybody has the right to seek a divorce if they so decide, with or without the agreement of their spouse. At its most simple, to divorce, you file a document called a petition in your local court. If you have children you will need to complete a form setting out your proposed arrangements for the children following divorce. The Court posts copies to your spouse who is asked to sign an “acknowledgement of service” and return it to the Court within 8 days. You will then need to satisfy the Court that you have grounds for divorce. (The three most common types of petition are unreasonable behaviour, adultery and living apart for 2 years with both sides consenting to divorce) Once the Judge has confirmed you are entitled to divorce, it will be “pronounced” in open court. A decree nisi is sent to each spouse, which after a minimum of 6 weeks is made absolute and the divorce is final. You are then free to marry again (even to each other if you wish).
This is the simple “quickie”. If both sides agree and there are no complicated issues such as children or finances to resolve, it can be concluded in about 3 months. You can do this yourself or use a solicitor but it is sensible to discuss your circumstances with a solicitor before you start to make sure that you are not missing something, which you might regret later.
A contested divorce (where one side doesn’t want it to happen) or one where financial and children issues have to be dealt with takes longer and subject to the circumstances can become very expensive. Agreement always saves time, heartache and money but all too often agreement is a hard fought battle. This is why you need the services of a specialist solicitor.
Following a decree absolute the marriage is over but there are other issues to consider. For example there will be an effect on your will. It is also important not to re-marry unless you are sure how it will affect your financial claim against your ex spouse.
If you are planning divorce or have had it thrust upon you, I am always happy to offer a free initial thirty-minute consultation to discuss your particular circumstances and consider the best way forward.
Lincoln Branch:
Diane Genders Ltd. Resolution House, Crusader Road, Lincoln, LN6 7AS
t: 01522 516500 f: 01522 516509 dx: 700 676 North Hykeham
Nottingham Branch:
Diane Genders Solicitors,
15 Wheeler Gate,
Nottingham,
NG1 2NA
t: 0115 852 4750 f: 0115 852 4001
e: Diane@DianeGenders.co.uk w:www.DianeGenders.co.uk
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Diane Genders Ltd is a company registered in England and Wales
with company number 2787992 and is regulated by the SRA