Divorce: Your Action Plan

Dealing with a divorce can be very difficult time, both from an emotional and financial standpoint. It can be very painful and upsetting, particularly if there are children involved. Although it can be extremely hard, you have to remember that at the end of the day, you want your life back, not stuck in court arguing, so be civil with your ex, and try to compromise.

How to Obtain a Divorce

In order to obtain a divorce, you must serve a petition at your local county court. You can only do so if you have been married for one year or more, and can prove that your marriage has irretrievably broken down. You must prove that your marriage is irretrievably broken through one of five grounds:

• Adultery which you cannot forgive
• Unreasonable behaviour (domestic abuse, addiction, etc.)
• Your ex agrees to a divorce and you have been separated for two years or more
• You have been separated from your ex for five years or more
• Your ex deserted you at least two years ago

Most divorces are implemented using the unreasonable behaviour grounds, as it is far reaching in its definition. Although these grounds might feel constraining, from the courts position, divorce should be a final choice. As of 6th April 2011, couples are now automatically referred to Mediation before any divorce proceedings will be granted.

Do You Need a Solicitor?

It is possible for you to deal with the divorce yourselves, without a solicitor and you will be able to obtain advice booklets from your local county court. You will, however, need to deal with Child Contact and financial arrangements (such as Paying Child Support) and the division of assets, which can be quite complex. A solicitor can deal with these issues if you wish. Either way, the divorce needs to be fair. It must not lead either party to become disadvantaged. The divorce itself needs to be recorded by the court.

Will You Have to Go to Court?

If you and your ex can agree on child contact arrangements, finances and the division of property amicably, then you may not need to go to court. But if you disagree or you ask the court to make an order for financial support, then you will need to attend a court hearing.

If you can agree on residence and contact arrangements for your children, you will not need to make an application to the court. If you do not agree, then either party can make an application for a residence and/or contact order. It is a good idea, if you can, to sit down with your wife and discuss how you wish to continue to parent your children. A parenting plan can help to ease the divorce process, where your children are concerned.

The Cost of Divorce

There is no hard and fast rule as to how much your divorce will cost. Generally, the more you argue about, the more it will cost. You may have to pay for the petition, the Decree Absolute (the document which shows that you are divorced), and any applications regarding children or financial arrangements.

If you are struggling financially, it is worth finding out whether you are entitled to help with legal costs.