A divorce can be a traumatic and stressful situation to find yourself in at any stage of your life. It can have a negative impact on all aspects of your existence. It can affect your mental health, your overall wellbeing, your career, finances and most importantly it has a lasting effect on your family life. It is vital that you speak to family solicitors Portsmouth if you suspect that you are having significant trouble in your marriage, or you have reached a breakdown of your marriage, to minimise the complications and devastating impact it can have on you and your family, especially when there are young children involved.
You can speak to your chosen solicitors and ask them for a free consultation so that you can familiarise yourself with them before making a decision on how you would like to proceed. They should listen to your situation in confidence and you will find that as well as their professionalism you should receive a kind and caring service which will help ease your stresses for you, as they will have had much experience with this type of situation. Once you have explained the circumstances to them, they will assess your position and decide on the best way to proceed.
If you and your spouse have both agreed to the divorce then this can be relatively simple, however, if you are in disagreement then this may take significantly longer. One of you will be the petitioner whilst the other will be the respondent. If you are both in agreement with the divorce then you can decide between yourselves which position you would like to take. If you are initiating the divorce then you will be the petitioner and your spouse will be the respondent. You will have to apply for the divorce petition which your family solicitor can do on your behalf to make sure that it is completed correctly and that there are no more unnecessary delays. The court will submit the divorce petition and send a copy to your spouse, the respondent, who will receive the petition and a form to say that they have received it and how they would like to proceed. The respondent is given 8 days to return the application where they will either accept the petition or they will defend the petition.
Decree nisi and decree absolute If the respondent accepts the divorce then the court will inform your legal representative and you will then apply for a decree nisi. Once the decree nisi is granted you are required to wait for 6 weeks until you apply for a decree absolute which is when your divorce will be finalised. This process can take several months to complete. If the respondent would like to defend the petition, because they do not agree with the divorce, then this will proceed to become a court hearing. Unfortunately this makes the process significantly longer, however, your family solicitors will represent you at every step, using their knowledge and expertise, including in court, if necessary, to achieve the best possible outcome for you and your loved ones at a very difficult time.