It’s not uncommon for a marriage to break down, but when it does, divorce can be the most practical option available. Whether the situation is amicable or not, going through a divorce can be one of the most stressful times in a person’s life. So, when it comes to proceedings, it always helps to have as much knowledge as possible before making any big decisions. Read on to find out useful things you should know before filing for divorce.
Do I need a solicitor to get a divorce?
Depending on the circumstances, a divorce can be a lengthy undertaking, so most people require professional advice before they take any first steps. The divorce process in the UK involves a significant amount of paperwork, so it’s generally recommended that you obtain initial legal advice from a reliable solicitor, from the start. Instructing a Divorce Solicitor means you can complete all the required divorce papers correctly without any unnecessary hold ups. It can also save you a lot of time from having to read through and complete all the mandatory forms yourself, as your solicitor will do this on your behalf.
Does it matter who starts the divorce proceedings?
If the divorce is amicable, then strictly speaking, it may not matter who starts the proceedings, as this may not significantly affect the outcome in any way.
However, in more complex situations, filing for divorce first (also known as being the ‘petitioner’ rather than the ‘respondent’) can make a big difference to things later down the line, particularly if there are disputes involved. Factors affected include things like:
- Timing – The person filing for divorce (petitioner) has more time to prepare their case.
- Decisions – The petitioner has more say over certain matters and can choose the jurisdiction in which they litigate the divorce, so this will affect whereabouts in the country the divorce takes place.
You don’t always need your partner’s permission to get a divorce. However, if you can both agree, this can save you time and money. If both parties can agree on your divorce and the reasons for it, then getting a divorce legally finalized will usually take between 4 to 6 months. However, this can change depending on individual circumstances such as dealing with financial issues, property matters, or custody of children.
What happens if my spouse isn’t cooperative?
If your partner opposes the divorce (sometimes also known as ‘defended divorce’) or you can’t agree who should pay the divorce fee or other costs, you might need legal advice or to go to court. Defending a divorce means you’re stating that the marriage is not at an end.
It’s helpful to know that you’re only eligible for a divorce if you’ve been married for a minimum of one year. You can read more about the grounds for divorce here.
If you’re going through a divorce, the solicitors at Nyland and Beattie in Widnes can help you with every step of the process. Our team of specialists provide expert support offering professional, fair, and understanding representation, no matter the circumstances. Call our specialist divorce solicitors 0151 424 5656.