Want to File for a Divorce? The First thing You Do

Going through a divorce is never an easy thing, neither for the two parties nor for everyone else who is involved. Tons of arrangements need your attention, from the finances to belongings, to the custody of children; sounds daunting doesn’t it? If you hire a good solicitor it won’t be.

When Should You Be Officially Filing for Divorce

You will be able to file for divorce once you have been married for at least a whole year, you will also need to enlist a valid reason for you seeking divorce. In the court room this is referred to as ‘ground for divorce’.

There really is no set limit for when you should be filing for divorce.  After you have valid ground for divorce, you need to file a D8 divorce petition with the court, apply for a decree nisi, and then continue by applying for decree absolute. The court will issue you a certificate of decree absolute in the mail, which is how you will be legally divorced from your husband or wife.

Getting the Decree Nisi

The Decree Nisi is an interim divorce certificate. This certificate indicates that you are entitled to divorce, and that it will be made after you have gone through a set cooling off time of six weeks. It is only after this time that you are able to apply for a decree Nisi. However, complications will demand that you find a solicitor to advise you on what to do, for example if you have been separated from your spouse for a while but you two live in the same house.

With the Decree Nisi you will have to get the Statement of Truth, which is a document that shows that the court holds zero objections to the divorce. The District Judge will look into the decree application to check for compliance and to grant the Nisi.

Filing for Decree Absolute

After you have waited six weeks, you will have to apply for the decree absolute. This document dissolves your marriage legally. You have the time span of a year to apply for this decree, otherwise decree Nisi becomes invalid and you have to go through the same court process again.

The Alternate to Divorce

There is in fact a legal alternate to getting a divorce, this is Judicial Separation. It is not that common and is considered when you have religious objections to getting yourself a divorce. Judicial Separation too follows the same court proceedings as divorce does. It is in the hands of the court to retain power for settling financial disputes, the only financial exception is splitting of the pension. The court also settles disputes regarding custody of children. The bottom line is that you are not legally obligated to live together, and neither are you allowed to marry anyone else.