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DIVORCE
PROCESS
If you file for divorce you are called the Petitioner. If
your spouse files for divorce you are called the Respondent.
The process is as follows:
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Petition is sent to the Respondent within a few days
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Petition must be acknowledged by the Respondent within
8 days of receipt
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Respondent must file an answer within 29 days if they
wish to defend the proceedings – if this happens
the divorce may go to a full court case
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If the Respondent is not defending the proceedings, a
copy of the acknowledgement is sent to the Petitioner’s
solicitor within a few days of receipt and the Petitioner
can apply for a decree nisi (the first stage of divorce)
- On
receipt of application for decree nisi, the District Judge
will look at the paperwork and if it is in order will
give a certificate for decree nisi to be granted
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At the same time, the District Judge will decide whether
court intervention is necessary with regard to any children
involved. If he decides this is unnecessary, the divorce
will proceed - if not, he may ask for further information,
request a welfare report or ask to see the people involved.
Ultimately, a court hearing may be necessary, though this
is rare.
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Six weeks and one day after the date of decree nisi, if
there are no outstanding issues with regard to the children,
the Petitioner may apply for decree absolute (the final
stage of divorce). This application will usually be processed
within 24 hours and decree absolute granted.
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Three months after the Petitioner could have first applied
for decree absolute, the Respondent may apply if the Petitioner
has not already done so
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