The process of getting a divorce can take a number of different courses depending on the circumstances involved. However, there are a few steps that are common to all divorces, which a divorce solicitor in London will be very familiar with.
Applying for divorce
The first step is always sending or receiving a petition for divorce. If you are sending a petition then you need to fill out a D8 form, which is available online or from your local county court. This requires you to supply biographical details, dates and grounds for divorce.
A divorce solicitor in London, like Saracens Solicitors, can help you to complete this form. If you think there is a chance your application for divorce may be disputed then taking legal advice before submitting your D8 is advisable. The information you put on this form may be used at a later date in court. It is important that any issues are addressed in the right way and the right facts for divorce are selected. If the fact is, for example, adultery, there are certain conditions that need to be met in order for the circumstances to qualify.
Serving divorce papers
Your partner is then served with the divorce papers detailing the information you have provided. They need to acknowledge the service and agree or disagree with the divorce. If they agree, Saracens Solicitors can still help you to formalise arrangements around the division of property and childcare where applicable, when we act as your divorce solicitor in London. If they disagree, you may need to go to court before your Decree Nisi (see below) can be issued. However, we can help you explore mediation to seek a resolution initially if this is something that you want.
A Decree Nisi states that a court cannot see any reason why you cannot divorce. You can apply for it regardless of whether your partner agrees with the divorce or not but it may not be granted until a court has heard the case. Once the Decree Nisi is pronounced in court, you can make an application for a Decree Absolute 6 weeks later. When the Decree Absolute is issued, your marriage is deemed to be dissolved.