Divorce can be a stressful and emotional process, particularly when children are involved. Our solicitors are on hand to provide practical advice and support to ease your burden.
At Lupton Fawcett, we will work to handle your divorce efficiently and sensitively. From the initial consultation, our team will be sympathetic towards your needs and provide guidance to resolve your divorce as swiftly and amicably as possible.
If you are looking to start divorce proceedings or are currently going through a divorce and need some legal advice, contact us today. To get in touch with a divorce solicitor, you can either call us on 0333 323 5292, send us an email or fill out our enquiry form and we will get back to you.
We have handled many cases involving all aspects of divorce law and aim to make the process as stress free as possible by keeping your interests protected. We will:
- Explain each stage of proceedings clearly
- Provide advice on suitable ways of resolving disputes
- Help settle living arrangement disputes
- Negotiate financial settlements
- Provide guidance on arrangements for children
In the vast majority of cases, divorce proceedings are handled outside of court and on paper by district judges. However, if your partner wishes to contest, we can present your case in court. Our aim will always be to settle outside of court as this is the most stress-free solution for both parties.
Grounds for Divorce
To divorce your spouse, your marriage must have broken down irretrievably. This is usually pleaded on one of the following five grounds:
- Unreasonable behaviour
- Separation for at least two years and both parties consent
- Separation for at least five years and the consent of your spouse is not required
What is the Procedure for Divorce?
If you are wanting to begin divorce proceedings, you must prepare a petition, which sets out the grounds for divorce and is filed with the court, along with the marriage certificate. Divorce papers will then be served on your spouse, usually by the court and by post. Your spouse will then be required to send an acknowledgement of service form to the court, indicating whether or not they intend to defend the proceedings. This will be given to you by your solicitor.
If your spouse wishes to defend the proceedings, which is not usually the case, matters can become complicated. However, if there is no intention of defending proceedings, you can sign a statement, confirming the details of the divorce petition. This statement is then sent to the court together with a request to the court that the matter proceeds on paper and without the need for a hearing.
A district judge will then check the papers to ensure that everything is in order before the court makes a declaration. After this, you will be notified of a date for the decree nisi, which is the order that states the date on which your marriage will end. The decree nisi is pronounced by the judge in open court on the given date - it is not necessary for either party to attend court unless there is any particular issue that they wish to object.
After six weeks and one day, you can apply for decree absolute, which is the order that officially ends a marriage. The application is dealt with immediately by a court clerk and it is at this moment that a divorce occurs and your marriage ends.
In the majority of cases, it is possible to carry out a divorce within a four - six-month period. However, in some cases, which usually involve the resolution of financial matters,it is not usually finalised until a financial settlement has been reached. For more information on financial settlements, including the importance of seeking legal advice, take a look at this article.
How Lupton Fawcett Can Help
Our Yorkshire-based divorce lawyers will help you to determine the best way to approach the situation, providing a tailored guidance so you have the information to end your marriage simply and efficiently.
The family team has been awarded the Quality Mark for our ability to provide comprehensive legal advice and a service that you can trust. We will also ensure you are kept up to date on all proceedings, so you are adequately prepared for all circumstances and unlikely to face any nasty surprises that will cause you stress.
In addition to making sure the process runs as smoothly as possible, we can also provide you with access to a range of experts who will help you get back on your feet. This includes:
- Banks and accountants
- Independent financial advisers
- Funding providers
We have provided advice from our offices in Leeds, York and Sheffield to many individuals who have been unhappy in their marriage, so you can rest assured we will do our utmost to ensure your divorce is resolved in the right way.
Contact Us for Help
To speak to a solicitor about starting proceedings, get in touch with us today by calling 0333 323 5292. Alternatively, you can let us know about your circumstances by sending us an email or filling in our online contact form and we will get back to you as soon as possible.
Please note this information is provided by way of example and may not be complete and is certainly not intended to constitute legal advice. You should take bespoke advice for your circumstances.
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