Divorce Q&A
FIONA McLEMAN Clients often have the same anxieties about the divorce process, and come along to a first meeting with their lawyer armed with a bundle of questions that need answers. Here is a summary of those which readers may find useful. Can we both file for divorce? Only one spouse can petition for divorce. They are known as the Petitioner and the other spouse is the Respondent. Can I cite irreconcilable differences? There is no such thing. The ground for divorce is ‘Irretrievable breakdown’. How do I prove irretrievable breakdown? By proving one of five facts - adultery, behaviour, 2 years separation with the Respondent’s consent, 5 years separation, or desertion for 2 years. Can I get a quickie divorce? There is no such thing. Divorces typically take the same amount of time from the point the petition for divorce is filed with the Court. How long does it take? If the divorce is not contested it will take 3-4 months. How much will it cost? Court fees are typically £385. Solicitors’ fees are extra. Do I have to go to court? If the divorce is not contested, it is a paper exercise and no attendance at court is required.
Do I have to consult a lawyer? No, it is possible to petition for divorce without legal representation. Where do I get the forms? These can be obtained online from the court service website or in person by attending at your local county court. What if we have children? Provided the children’s arrangements are agreed, there is no need to attend court. What if my spouse will not cooperate? All steps should be taken to ensure the divorce is as amicable as possible. It is possible to progress a divorce even if the other spouse will not cooperate What should I do next? If legal advice is required, consult www. resolution.org.uk to find a Resolution approved lawyer near you.
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