The divorce procedure can be an especially exhausting one and we understand that. There are a lot of things to consider when going through a divorce and when fighting for yourself, we understand how hard it can get. From negotiating childcare to figuring out finances, assets and pensions – you probably have more questions than answers, but we can help. We want to be on your side during this pressing time. Having a strong set of divorce solicitors in Weybridge on your team can make the process much more manageable and smooth.
Here at Prentice Family Law, we have extensive knowledge, skills and experience to get you your most favourable outcome. We take pride in the way that we approach our unique cases, applying everything we’ve come to learn and fighting right by your side. We want you to understand our process, why we do what we do and exactly what we’re hoping for. We believe that if you understand, the outcome will be better.
In the article below, our divorce solicitors in Weybridge will cover some of the most common parts of the divorce proceedings, answering any potential questions you might have.
Divorce petition
Before the proceedings are due to begin, one of the parties must decide to file for divorce, with the help of our divorce solicitors in Weybridge, and become the petitioner. The other party will be known as the respondent. There are five factual circumstances that divorce can be filed under.
The first surrounds adultery. Under this circumstance, your spouse must have committed adultery which has led to you being unable to live with them in a civil matter. The next regards your spouse’s behaviour. If you believe they are behaving in a way that makes it hard to live and be with them, you can file for divorce on these grounds. Our solicitors can advise on the types of behaviour this may include. If you believe that your spouse has deserted you, you can also file for divorce. There is a time period for this circumstance, however, meaning that they must have left you for two continuous years or longer.
There can be, in some cases, amicable divorces. This usually comes when a set of spouses have decided it is time to get a divorce after living separate lives for more than two years. Following on from the fourth factual circumstance above, there is an option for those who have been living apart even if your spouse does not agree to the divorce. For this circumstance to be used, however, you have to have been separated for five or more years. Always consult one of our solicitors if you are unsure of your circumstances!
Divorce procedure
After the petition has been finished and placed, an acknowledgement of service will be sent to your spouse, also known as the respondent. They have to complete this document and return to the court for the proceedings to continue, but in some cases the respondent may delay the process by not responding. Once the documents have been completed and sent back to the petitioner, one of our solicitors will prepare the correct papers required to process the next stage, known as decree nisi. When the decree absolute is announced, you and your spouse are officially divorced.
It is important to remember that the above procedure is straightforward and may not be the same for your case. Our solicitors are prepared to handle financial matters and childcare arrangements in any form.