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Dale & Co. Solicitors Lincoln

Specialist Solicitors in Family Law, Divorce,
Property, Conveyancing, Probate, Wills and Powers of Attorney.

DALE & Co. Solicitors Lincoln
Georgia Corby
Solicitor Director. Head of Family Law Department
Divorce Or Seperation

Divorce: The Process

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:

  • Adultery
  • 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