Maclaren Warner

Divorce FAQ

Below are some of the questions we are most frequently free consultationasked about Divorce. Click on a link to see the answer to that question or contact us for more information.

When can I get divorced?

In England you can initiate divorce proceedings after you have been married for one year.

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What are the grounds for a divorce?

There is only one ground for divorce; the irretrievable breakdown of marriage. However, you have to prove irretrievable breakdown with one of five facts.

  • Adultery
  • Unreasonable behaviour
  • Separated for two years and both parties consent to divorce
  • Separated for five years without consent
  • Desertion for at least two years

Please see our page on Grounds for Divorce for more information.

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Can I state my own adultery as reasons for a divorce?

No. You will have to ask your spouse to divorce you on this basis or petition yourself based upon a different fact.

Please see our page on Grounds for Divorce for more information.

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How long does it take to get a divorce?

A typical divorce takes between 4 and 6 months, if things contact usare straightforward. Much depends on whether or not your spouse responds quickly when he or she receives your petition. The divorce may also be delayed due to the division of matrimonial assets as itis best to completely resolve this before you apply for the decree absolute. The divorce could also be delayed by any problems concerning the children.

In general, the more you and your spouse can agree on, the quicker the divorce process will be.

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Will I have to go to court to get a divorce?

Court hearings most commonly arise when agreement cannot be reached on things such as finances and arrangements for children.

In many straightforward divorce cases you will not have to go to court. If the divorce is uncontested and you are able to reach agreement on finances and children, then a formal court hearing is unlikely to be necessary.

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How much does a divorce cost?

We will always give brief initial advice free of charge so please contact us for a consultation.

In straightforward undefended divorce cases, the divorce is usually dealt with in correspondence, without the need to attend Court, and the costs are usually in the region of 800 to 900 (inclusive of our costs, vat, and Court fees payable). You should bear in mind that “Divorce” in this context is simply the legal procedure to bring a marriage to an end. Depending upon the circumstances of your case, there may be additional costs for settling financial issues, or dealing with issues relating to children.

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What if my husband / wife defends the divorce proceedings?

Defending a divorce is very rare and also costly so in the vast majority of cases it is generally not advisable. Defended divorces are extremely rare as people recognise there is little point in trying to keep a marriage alive when the other spouse considers the relationship at an end.

If you issued the divorce petition you spouse could defend the divorce and likewise if your spouse issues divorce proceedings you could defend them. If a defence is filed there has to be a hearing where the Judge decides if there is enough evidence for divorce.

More commonly someone will dispute the reasons statedfree consultation for a divorce in the petition, for example adultery or unreasonable behaviour. In these circumstances this may cause a delay in the divorce process or it may mean that a suitable alternative reason has to be found which both parties can agree on. An experienced divorce solicitor will help you to find the most suitable reason when petitioning for a divorce.

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If I move out of the family home, will this affect my rights?

If you are considering moving out of the family home it is always advisable to take legal advice from a specialist family solicitor first. Please contact us for more information.

In general a spouse will not be penalised for moving out of the family home in terms of the ultimate financial settlement.

Although your legal rights are not affected by moving out, other factors will be affected. For example you will temporarily lose access to personal possessions.

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Contact Us

Telephone numbers:

Stapleford 0115 939 5252
Ilkeston 0115 930 4994
Eastwood 01773 713 846

Email addresses:
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