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James Maguire Discusses Divorce Procedure

Family Law & Divorce transcript

Hello. I’m James Maguire. In this video clip I’m going to talk about divorce how to obtain a divorce and the procedure involved. The person asking for a divorce is called a Petitioner. The person replying to the divorce is called the Respondent. So what happens? First of all the Petitioner is to complete some paperwork. There is the divorce petition. There is one ground for a divorce and that is that the marriage has broken down irretrievably beyond repair and there are five ways of showing that to an English Court. For completeness the divorce lawyer in cincinnati oh suggest these:

  • Adultery;
  • Behaviour
  • Desertion;
  • Two years separation with the other persons consent; or
  • Five years separation without consent

and one of those facts must be chosen. Where there are any children a Statement of Arrangements Form also needs to be completed. So once the paperwork is ready that is simply posted to the Court with the relevant fee that is payable at the time. What happens then is that the Court Office will process them and automatically send out a copy set to the Respondent. He or she then has the opportunity to look at the papers and on the basis that there is no dispute or there is no contest to the divorce and the vast majority of cases will proceed simply on the papers undefended then the Respondent completes his or her Acknowledgement of Service form. Legal advice may be necessary at that point for lots of different reasons but moving forward the Petitioner then receives some additional paperwork and it’s a relatively straightforward task in dating the papers and to swear that everything is true. The Court then privately looks at the divorce papers and there is no need for anyone to attend Court and a Judge will then produce a certificate and set a date for the Decree Nisi. Now the Decree Nisi is an important date but effectively for our purposes today it is the Interim Divorce Order. Then there is a cooling off period of six weeks and one day. After that period has expired the Petitioner can make an application for the Decree Absolute which is the Final Divorce Order. There may be some reasons including financial reasons to delay the application for a Decree Absolute which can be discussed with a party at the relevant time. In terms of timescale therefore from step one right to the final step for applying to Decree Absolute it often takes about five to six months.

Thank you.

James Maguire & Co is a specialist firm of Family Law and Divorce law solicitors based in Wilmslow, Cheshire. We offer legal advice to parties going through a divorce including the financial issues which flow from this (including pensions), linked business issues, international aspects and any relevant issues concerning the children.
We advise clients in the Wilmslow area and also to the surrounding areas of Alderley Edge, Bramhall, Hale, Altrincham, Manchester and the North West. We are also able to act for clients nationally and internationally subject to the jurisdiction of England and Wales. For advice please contact James Maguire by telephone +44 (0) 1625 529456 or by email james.maguire@family-law.co.uk