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How to get a Divorce

How to get a divorce is a common question we often hear, In essence a divorce simply means the end of the contract of marriage. Although in practice getting a divorce is slightly more complex, so to simplify matter we have roughly broken down the process in to steps.

Important Points:

The Petitioner is the party who is asking for the divorce

The respondent is the party who has been served the divorce i.e. responding to the divorce.

Obtaining a divorce only ends the contract of your marriage any issues of costs, property and children is dealt separately and is known as ancillary relief.

A brief synopsis of the divorce process

1)      Firstly you must carefully consider whether getting a divorce is the outcome you want.  Legal Aid is no longer available for the majority of divorce cases unless there is domestic violence involved.  Therefore, parties are encourage to look into mediation as another option. Mediation is a form of out of Court dispute resolution and whilst it doesn’t end the contract of marriage, parties can agree terms of the divorce without having to go before a judge.

2)      If you still wish to get a divorce then you must next consider booking in for an initial meeting with a solicitor.  It is likely that you have lots of questions and are unsure on a few things therefore an initial meeting can really help you establish what you want to achieve.

3)      Choosing the right solicitor for you can seem a daunting process, but don’t worry as many firms have websites and you can always call for free to see whether you like the feel of a firm.

4)      The First Meeting. At the initial meeting, the solicitor will discuss with you your current position and situation and then advise you in detail the process of divorce and also the costs involved.  Many firms, including Solomons Solicitors, operate on a fixed fee basis to make things clear from the outset.

5)      Your solicitor will now work towards obtaining a Decree Nisi which simply means the Court is satisfied that the petitioner is entitled to a divorce.  Although at this point you are still legally married and the Decree Nisi can be rescinded.

6)      After 6 weeks from the date of the Decree Nisi, the petitioner can apply for a Decree Absolute.

7)      After the Court has granted you the Decree Absolute your contract of marriage is now ended and you are entitled to re marry.

We hope this has briefly outlined the process relating to “How to Get a Divorce”, if you have any further questions or would like to book in for a discounted fixed fee meeting at our Bournemouth or Christchurch office with our experienced, Family Solicitor Jacqui Forest, please call 01202 611061 or email office@solomonslaw.co.uk

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