A Simple Guide for Understanding the Divorce Process

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By OwenWhite Catlin LLP
SolicitorsA Simple Guide for Understanding the
Divorce Process
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When can you apply for divorce?
Divorce is rarely easy. Even in the case of
amicable divorces, the process remains fraught
with emotion. The best way to reduce the stresses
of divorce is to understand more about the
process. We have written this article in order to
help you to understand the divorce process
better. When can you apply for divorce? In the
UK, you are only allowed to apply for divorce
after you have been married for at least a year.
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Understanding the Divorce Process
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What are the types of divorce?Many of you will
assume that there is only one type of divorce.
However, there are two
1. Undefended divorce this is when both spouses
agree to the divorce. This is the simplest type
of divorce and is passed through the Family
Court. You dont even have to be present at the
divorce hearing. It simply requires that you fill
out the necessary paper work, which is then
evaluated by the judge. You dont need to use a
solicitor either, but it is recommended if there
were issues in the marriage (e.g. domestic
violence) or if the is contestation about the
children (e.g. maintenance payments). 2.
Defended divorce here, one of the spouses
disagrees with the divorce. It could be that they
disagree with the requests of the other spouse.
For example, they may believe that they are
paying too much in child support. Here, you will
have to attend the Family Court. Failure to do so
often results in a positive ruling for the other
side. You will also need to use a divorce
solicitor, such as divorce solicitor Ashford, if
you live in Ashford.
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Can you get legal aid for a divorce?
Legal aid is not always offered by the legal
system, but in the case of divorce, if you are on
a low income or are in receipt of benefits, then
you will be able to find a solicitor with legal
aid. Not all solicitors will work with people on
legal aid, so you might have to shop around. This
can be problematic in smaller towns, such as
Kenilworth, but in a larger town, such as
Ashford, you will be able to find divorce
solicitors Ashford that work with people in
receipt of legal aid. Under what circumstances
will a court grant a divorce? Unfortunately,
there needs to be a reason for the divorce. You
cant just walk into court and say, I just dont
want to be married anymore. This could change in
time, but for now, you need to satisfy one of the
following conditions (which you will have to
prove)
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1. That one spouse committed adultery. 2. That
one spouse left you and that its been at least
two years. 3. That you have been living apart for
two years (this sounds very similar to the above,
but here, you have both agreed to live
separately). 4. That you have lived apart for
five years, even though one of you contests the
divorce. 5. That one spouse behaved
unreasonably. As you can see, there is often an
element of apportioning blame, and this can cause
grievances between parties. There are also more
in depth rules on each aspect, for instance, if
you are petitioning for adultery, but you stayed
together for 6 months afterwards, you will have
to petition for one of the other reasons.
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