The Divorce Process - What is Involved?

Divorce is a legal process that should only be considered when a marriage has broken down irreversibly. Divorce laws vary considerably around the world an example of this is divorce is banned in Malta and in the Philippines but here in the UK divorce is acceptable after you have been married for over one year.

Although you are able to file for divorce after you have been married for one year you have to have appropriate grounds for divorce. Courts in the UK will accept any of the following reasons as grounds for divorce:

Your husband's or wife's has committed adultery and you now find it intolerable to live with them

Your husband's or wife's behaviour has been so bad that you can no longer bear to live with them

Your husband or wife deserted you at least two years ago

You and your husband or wife have lived apart for two years and he or she agrees to a divorce

You and your husband or wife have lived apart for at least five years

When you are filing for divorce you must be able to prove to the courts that you have these grounds for divorce and that you have tried to resolve the problems. You need to show to the courts that your marriage has broken down irretrievably. It is only with this scale of evidence that you will be permitted to have divorce proceedings started.

The first stage of a divorce proceeding is the filling in of a form known as a petition. If you are the person who is initiating the divorce you must complete this petition by stating the reasons as to why you feel the marriage is over. The divorce proceeding is primarily an administrative one and as long as your spouse does not defend the divorce your divorce proceeding should be completed within four or six months. The divorce courts will issue this petition and it will then be sent to your spouse; it is at this stage of the proceedings that you become known as the petitioner and your spouse is known as the respondent.

Your divorce proceeding will go a lot smoother if you can agree with your husband/wife about aspects such as financial support, property and arrangements for children, if you can agree to aspects such as these then you may not have to attend a court hearing at all; however if your spouse opposes the grounds you have stated for divorce or if they don't agree to aspects such as financial support and property then your divorce proceedings will not go through until these issues are resolved.

Some relationships end suddenly and some break down over time. Whatever situation you are in, if you are facing the prospect of divorce, whether you are initiating it or your spouse is, if you need some advice it is important that you speak to a professional advisor or solicitor who will be able to help and guide you through all the stages of divorce.

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