Divorce FAQ
There are certain questions that we are frequently asked about divorce. We have answered some of them below to help you. Click on a link to see the answer to that question or for more detailed and personalised information please contact us.
- How long does a divorce take?
- How much does a divorce cost?
- How long do I have to be married before I can get divorced?
- What are the grounds for a divorce?
- Can I state my own adultery as the grounds for a divorce?
- Will I have to go to court to get a divorce?
- Should I move out of the family home, and will this affect my rights?
How long does a divorce take?
Usually a straightforward divorce takes between 4 and 6 months to complete. This is where both parties agree to get divorced and move the process along accordingly.
Things that can prolong the process may include:
- One party disputing the grounds for divorce or not wanting to get divorced
- Financial settlement negotiations
- Disagreements about living arrangements for children
In general, the more you and your spouse can agree on, the quicker the divorce process will be.
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How much does a divorce cost?
The cost depends on a number of factors. A straightforward divorce with no complications will cost less than one where in depth negotiations and disputes about finances and children are involved.
We will give you an estimate of the cost after an initial consultation where we can examine your circumstances.
See our page on divorce finances for more information or contact us for an estimate.
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How long do I have to be married before I can get divorced?
In England you have to have been married for one year before can initiate divorce proceedings.
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What are the grounds for a divorce?
To get a divorce you have to show that the marriage has broken down irretrievably by showing one of the following 5 grounds for divorce.
- Adultery
- Unreasonable behaviour
- Separated for two years and both parties consent to divorce
- Separated for five years without consent
- Desertion for at least two years
Please see our page on Grounds for Divorce for more information.
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Can I state my own adultery as the grounds for a divorce?
You cannot state your own adultery as grounds for divorce. Your spouse can petition you for divorce on this basis. If you want to petition for divorce yourself, you will have to use a different grounds for divorce.
Please see our page on Grounds for Divorce for more information.
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Will I have to go to court to get a divorce?
Not always. In most straightforward divorce cases you will not have to go to court. If the divorce is uncontested and you are able to reach agreement with your ex-partner on finances and children, then a formal court hearing is unlikely to be necessary.
Court hearings usually arise when agreement cannot be reached on things such as finances and living arrangements for children.
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Should I move out of the family home, and will this affect my rights?
In general a person will not be penalised legally for moving out of the family home in terms of the ultimate financial settlement.
Although your legal rights are not affected by moving out, other factors will be affected, for example you will temporarily lose access to personal possessions.
Always seek the advice of a specialist family solicitor before making any big decisions which could affect your divorce or financial settlement.
Please contact us for more information.
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