If you are thinking of ending your marriage and are looking for a divorce solicitor in Guildford then look no further. Here at Gregorian Emerson Family Law Solicitors we are here to help and will give you the best possible advice to enable a successful resolution to your divorce experience. With many years of expertise in this field we are ideally placed to help you through the minefield of divorce and to answer any questions you may have throughout the process.
You will have many questions pertaining to your situation, but we have answered some of the main ones in today’s blog. Rest assured we are here to help you to navigate through your case and there is no such thing as a silly question. As expert divorce solicitors Guildford we have heard many things! If you need an answer then we can help.
Q. Is there a minimum time I need to be married before I can get divorced?
A. Yes. You need to have been married for a minimum of 12 months and be able to demonstrate grounds for a divorce.
Q. What are the grounds for divorce in the UK?
A. There are 5 grounds for divorce and you will need to demonstrate one of them. These are:
Adultery. Your partner has had sexual intercourse with a person of the opposite sex, who is not their spouse. As British law currently does not recognise sexual intercourse with the same sex as adultery, you cannot cite that as a ground for divorce and will need to look at the other four grounds to proceed. If your ex-partner admits to adultery and agrees with divorce proceedings then the courts are more likely to grant the divorce. If the ex-partner does not agree to adultery then you will need to prove this and provide evidence to the courts. The person they are accused of committing adultery with does not need to be named. You are also required to prove that you find it intolerable to live with your ex-partner, either due to the adultery or other unreasonable behaviour. If you have lived together with your ex-partner for more than 6 months since you found out about the adultery, then you are unable cite that as a reason for divorce.
Unreasonable behaviour. Your ex-partner has behaved in such a way that you cannot reasonably be expected to live with them. This can take many forms, from domestic violence, refusing to spend time together, lack of intimacy, isolating you from friends/family, no common interests and many others. You will need to provide a court with several examples of this behaviour as evidence. You may want to use the worst, the first and the most recent examples of this behaviour. If you have continued to live together as a couple for more than 6 months from the last incident, then it may be harder for you to prove in court that you cannot reasonably be expected to live with them.
Two years separation and the other party consent to divorce. You have been separated for a period of two years and both consent to a divorce. You can have lived together in the same house during this time, but obviously not as a couple. You need to have been living separate lives, for example eating, cooking, doing chores etc. separately and obviously have different bedrooms. You must both agree to this, so it is a good idea to check with your ex-partner prior to submitting it to the courts.
Five years separation. Where you and your ex-partner have been separated for a minimum period of five years. After five years of separation you are entitled to apply for a divorce, either with or without your ex partners consent. You will need to show that you have tried to locate them, in cases where there has been no contact. You may also need to provide evidence if your ex-partner disputes the separation has been five years, so it is important to change all financial dealings, i.e. bills etc. to your own name as soon as possible as they could be used in evidence in situations such as this. They can dispute the divorce, but only if they can prove they would suffer grave financial, or other hardship, as a result of the divorce.
Desertion. Your ex-partner must have left you for a period of at least 2 years. You will need to show that they left to end the relationship, without either your agreement, or a good reason. This is the least used ground for divorce.
Q. Is the grounds for divorce important?
A. No. Obviously some of them require a period of separation. Some people will think that by citing adultery it will influence decisions regarding any children, however this is rarely the case and can actually cause more of a conflict when trying to agree terms. As experienced divorce solicitors Guildford we can discuss all the options open to you before you make any decisions.
Q. If I don’t agree to a divorce can I say no?
A. Yes. You can object to the grounds the other party are seeking a divorce on. This is called ‘contesting a divorce.’ It isn’t uncommon for either party to disagree with the reasons for the divorce. We are able to use our unique legal and psychological approach to help you both to reach a mutually agreeable conclusion – whether that is to proceed with a divorce, or to agree on the grounds.
Q. How long between receiving the decree nisi can I apply for the decree absolute?
A. 6 weeks and 1 day after the decree nisi you can apply for the decree absolute. You are able to stop the divorce at any point, even once the decree nisi has been granted, however once the decree absolute has been issued it is final and you are now divorced.
With many years of experience in this field, Gregorian Emerson Family Law Solicitors are best placed to help you with any divorce solicitor Guildford questions or queries you may have. Our testimonials speak for themselves.
For any further information or any questions you may have (and we know you will have plenty) please contact us on 01483 826470 and we can help you through your divorce process.