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Divorce FAQ

We have a team of Family Lawyers who have a wealth of experience dealing with Divorce cases and related issues such as children and finances. We also offer a free initial consultation to all new clients.

Below are answers to some of the questions we are most commonly asked about Divorce. Please click on a link to see the answer to that question.

If you have other questions, please contact us for a consultation.


What are the legal grounds for divorce?

When a marriage has broken down irretrievably, you must prove one of the following reasons as evidence to obtain a divorce. Your family lawyer will help you to choose the most suitable reason.

1 - Adultery
2 - Unreasonable behaviour
3 - Desertion for a period of at least two years
4 - Two years separation - with consent for the divorce
5 - Five years separation consent for divorce not required

For a more detailed explanation, see our web page on the grounds for divorce.

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Is there a minimum length of time to wait before getting a divorce?

Yes. You must be married for one year before you can legally apply for a Divorce in England.

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How long does it take to actually get a divorce?

From start to finish it can take as little as 4 to 6 months, in uncontested cases. There are some waiting times deliberately built in to the procedure which cannot be eliminated.

Where there are disputes around related issues such as children or finances, a divorce may take 12 months or more to be finalised.

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Do I have to go to Court to get a divorce?

Not always.

Court proceedings are most common when the two parties involved cannot reach agreement by negotiation through their solicitors. This may be in relation to children and finances, and not the divorce itself.

If agreement can be reached by negotiation then it may not be necessary to go to Court.

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Can my spouse refuse to get divorced?

Even if your spouse refuses to get involved in the divorce process, you can still divorce them, although the process may be delayed.

Sometimes a party to the proceedings may not free consultationrespond to paperwork sent out by your solicitor. If this happens then it is possible to arrange for them to served the divorce petition by a bailiff who can then swear in Court that they received the documents. The Courts can then allow a divorce to proceed even with an unresponsive spouse.

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If the divorce is my fault, will this affect the outcome?

The Courts do not get involved in punishing people for behaviour such as adultery. In most cases, the reason for the divorce will not affect the outcome or the financial settlement.

The behaviour of person involved will only usually affect the outcome of the divorce if the behaviour was extreme, such as domestic violence or child abuse.

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