Divorce cases can seriously tug at the heartstrings of family solicitors but it can also be a very stress full process for all parties involved including the solicitor.
Taking the step to deciding on filing for a divorce will never come easy and can often be put off due to the of fear of how long the process can take and how much additional stress it can cause on the family.
The divorce process is actually not that difficult and can be made simpler with both parties staying calm and being fair throughout the separation.
Agreement from the start
Establishing who the role of the ‘Petitioner’ is going to be is the first step along with the alternative party being given the title of ‘Respondent.’
After the roles have been decided which will normally come quite naturally, it is wise to invest some time into looking for expert advice from some of the top divorce solicitors in London.
The petitioner at the point of filing for the divorce application chooses the grounds of the divorce.
The most common grounds for divorce are often irreconcilable difference or for unreasonable behaviour.
Regardless of the grounds for divorce, proof and any necessary evidence is required from both the petitioner and the respondent. This is where the help of a divorce solicitor can help establish a valid reason for divorce.
Financial matters can cause the biggest issues during divorce, however if the financial matters such as the separation of property can be decided with minimum fuss, the divorce flows through the process a lot easier.
The arrangements for children need to be set out in a statement known as the “Petition for Divorce” which is sent to the court
The court then processes the statement, the court will then send them onto the Respondent where it requires this party member to acknowledge and agree to the contents, known as “Acknowledgement of Service.” This then has to be sent on to the Petitioner who verifies the details of the Respondent and sends both the application and the affidavit back to court where the case will be considered by a district judge. If the judge agrees to the divorce, neither party is required to be present in court.
The Petitioner has to wait around six weeks before applying for the Decree Nisi, failure to do so means that the Respondent can take control and complete the divorce process.
This is the final step to divorce, however if the Respondent has to take control then the situation will become a lot more complicated then necessary.
The Decree Absolute is a vital legal document and needs to be kept for future reference or the possibility of marriage should either party wish to remarry after the divorce.
For more information on the divorce process, seek the help of family solicitors in London or contact your local solicitors for a face-to-face appointment.