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Rachel Jenkins

Understanding the divorce procedure with a divorce solicitor

It can be an immensely daunting experience for someone who is considering separation from their partner. Not only can it be a stressful and emotional time for everyone who is involved, but the proceedings can be frightening and confusing unless there is a professional standing by their side.

This is where a divorce solicitor is able to provide the support and advice that an individual needs so that they can make the right decision for their well-being and happiness. By speaking to a divorce solicitor and asking any questions that may arise even when a divorce is simply being contemplated, people are able to gain insight into what would be expected of them during this period.

In most cases a divorce solicitor is able to negotiate and the separating couples do not need to attend court. These cases are usually completed within 4 to 6 months. Some cases however have the potential to carry on for 12 months or more, especially when there are financial issues that need to be resolved.

Many people are concerned about the welfare of their children during a divorce and it is the priority of the divorce solicitor that, should there be children involved, their welfare and safety is put first. It is important that all children are affected minimally throughout these proceedings and that life carries on as normally as possible for them.

In terms of understanding how the proceedings may unfold, clients need to get to grips with some terminology that will allow them to be more knowledgeable about the system in place.

A Petitioner is the person who has started the divorce proceedings and the Respondent is the one who the case is filed against. Both parties need their own divorce solicitor to assist them in the proceedings.

A divorce petition is a document filed in court by the divorce solicitor. It will contain important details and explain what grounds the divorce relies upon. An original marriage certificate is needed to be sent alongside this petition.

If contact arrangements have been agreed upon between the two parties, then this alongside any maintenance payments would be explained by the divorce solicitor.

A divorce solicitor will also provide the Respondent with an acknowledgement of service where the Respondent should complete the form and return it to the court within a set time period.

A decree nisi is applied for by the divorce solicitor who is working with the Petitioner. After six weeks and one day commencing the pronouncement of the decree nisi, a decree absolute can be expected which completes the divorce.

With the professional support and advice from a divorce solicitor, both Petitioner and Respondent can quickly and calmly work through the proceedings in a seamless and hassle free way. It is in everyone’s best interests to work through the separation in an amicable way and divorce solicitors are trained in guiding such situations down the right path.