To get divorced in the UK your case must be dealt with by a Family Law Court. In Lincoln, this is part of the County Court.
For a divorce to be approved in court, one of the following must be proven:
- Unreasonable behaviour
- Desertion for two years
- Separation for two years (with consent)
- Separation for five years
Here are the key stages involved in the divorce process:
- You send a 'Petition for Divorce' to the county court.
- The Family Law Court sends the petition to the respondent (your spouse).
- The respondent replies to the court by completing and returning an 'Acknowledgement of Service' form. This form asks a number of questions, including if the divorce will be opposed. If not, it will be a 'non defended case'. This should be returned within seven days of receipt.
- The court sends a copy of the 'Acknowledgment of Service' to the petitioner (you).
- The ‘Affidavit in Support of the Petition' is then sent to the court. This is prepared for you by your solicitor.
- If the court is satisfied that the marriage has irretrievably broken down and one of the five legal grounds for divorce listed above has been met, the judge will fix a date for the 'Decree Nisi' of divorce to be pronounced.
- Six weeks after the Decree Nisi is pronounced, you can apply for a Decree Absolute - when the Decree Absolute is pronounced the divorce is completed.
A divorce generally takes around six months, but this can be longer or shorter depending on how co-operative each partner is.
Contact us today for more information or to book your free initial consultation.
Last Updated: Thursday 25th April 2019
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