It can be a highly distressing time when you realise that your relationship has broken down, especially if you are married. With a legally binding contract, breaking up is even harder to do. However, getting divorced itself isn’t as complicated as it may seem; it is more difficult to agree upon who gets the car, the toaster or the television. If you have children, sorting your finances may also seem like small fry in comparison to making agreements on what is best for your offspring. When tensions are fraught, having family solicitors Emsworth to handle the legalities of getting divorced and coming to an agreement on financial arrangements and what will happen with the children is essential.
Getting divorced is more straightforward than you might have imagined; you will need to apply to court to get divorced. After you apply, a copy of the application will be sent to you with a case number, and your spouse will then need to respond within 8 days of receiving the application. They can agree, defend (try to prevent the divorce) or object to paying the costs if you have claimed any.
If your spouse has agreed, then you can apply to the court for a decree nisi. If your spouse tries to defend it, they will have 28 days to complete an ‘answer to divorce’ form; if they don’t do this within that time, you are free to apply for the decree nisi. If they do, the case will probably go to court to be resolved by a judge.
If you get your decree nisi, this document will state that the court doesn’t see a reason why you can’t get divorced. Currently, to divorce your spouse, you have to state why you are getting divorced (this can be chosen from 5 options); however, this is due to change. You are still married when you receive the decree nisi. You then can apply for the decree absolute 6 weeks and 1 day after receiving the decree nisi.
The decree absolute is the official document you need to confirm that you are legally divorced. The court will ensure that timings have been adhered to within the application, and this is why having an experienced lawyer to help you complete the paperwork can be extremely helpful, especially when you are feeling emotional and stressed. They will also ensure that there are no reasons for you to not be granted a divorce. If the court is satisfied that you may be divorced, then they will issue the decree absolute.
Court rejects the divorce
If the court chooses to reject the divorce, you may also need an experienced legal professional to help you review why it has been rejected and advise you on what the next steps should be.
Get the help you need
While it is technically possible to get a divorce of your own volition, there are many reasons why it helps to have the guidance, support and expertise of a family solicitor. A solicitor will be able to help you with the divorce and with organising a resolution about finances and any children you may have. It can be reassuring and a weight off your mind to know that somebody is fighting your corner in a level-headed and constructive manner.
Find a family solicitor to help you move forward with your life.