Saturday, August 28, 2010

The Divorce Process From Start To End

By Paul Myers

The divorce process is started with the completion of a form called the D8 form or 'petition for divorce.' The form comes in three parts and must be completed by yourself, the court and your estranged partner. In order to obtain a divorce you must be married for one year at least.

You are able to get a divorce petition from your solicitor or the HM Court Service website. When you have completed the forms you should return them to your local family court.

Your divorce will only be agreed to if the judge is satisfied that your marriage is, 'irretrievably broken down,' or if you have been separated for two years. If only one partner wishes to divorce you may be required to wait for five years before proceeding.

When you have submitted the forms you are said to have officially began divorce proceedings. The person who files the forms is called the petitioner and the other person is known as the respondent. When the forms have been filed you will need to obtain copies of your marriage certificate as well as providing all of the details of any children you have together.

The court will then make a copy and send it to your ex partner and any co respondents you have chosen to name in the petition. Your estranged partner will have eight days to accept acknowledgement. If they do not do this a court bailiff will visit them and serve the papers.

Next you must obtain the Decree Nisi which is granted when the judge has reviewed all of the papers and id happy that there are solid grounds for divorce.

The last stage of divorce is obtaining the 'Decree Absolute.' This can be applied for exactly six weeks and one day after the Decree Nisi is obtained. When you receive the Decree Absolute you are no longer classed as married and free to remarry.

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