Navigating your way around separation and divorce can be tricky and involve high levels of emotions. Our family law experts have answered some frequently asked questions to help provide you with a starting point in these difficult times.
I am thinking about separating from my spouse, where do I start?
Firstly, if you feel able, talk it through with your spouse – you might be able to work things out or try counselling. If you cannot reconcile the relationship and have been married for over one year, either of you can choose to petition for a divorce on one of five reasons:
- Behaviour
- Adultery
- Separation after two years with consent
- Separation after five years
- Desertion
Once the petition has been issued by the court, it will run to a timeframe that will centre around reaching a settlement with regards to your finances.
I have just received divorce/dissolution papers from my spouse, what do I need to do?
This means that your spouse or partner has issued divorce proceedings. You now have 14 days to acknowledge the petition with the court to confirm that you have received the paperwork and whether you agree to the divorce going ahead.
It is important to check the wording of the petition as in some circumstances the respondent is liable to pay the other parties’ costs in obtaining a divorce. Some people can also be unhappy with what has been said about them in the petition.
The specific wording of the paperwork should have been agreed with you in advance, however, it is not too late to have your say if you need to.
My partner and I are divorcing but we have small children, how do we proceed without them getting hurt?
Talk to your partner. Either of you can petition for a divorce so decide who wants to take on this responsibility and what reasons you will give.
Depending on their ages speak to your children openly and reassure them that you will always love them and that they are not responsible for your differences.
A child will always be the primary concern of the court in deciding what happens in any financial settlement but will not affect their rights to have a quality relationship with both parents. You are both equally important in raising your children and that mutual respect will help you focus your attentions in the right direction.
I haven’t seen or spoken to my spouse for years and I don’t know where they live, can I still get a divorce?
When applying for a divorce the court will expect you to have made all reasonable attempts to locate your spouse.
You will need to provide the court with their last known address – if you think that they are no longer at that address, you should made enquiries with their friends of family to locate an alternative address.
If you are still unable to find their address, you can engage the services of a tracing agent or private investigator to track their whereabouts.
As a very last resort you can apply to the court to dispense with service but must show that you have taken all reasonable steps such as those already mentioned to locate your spouse. The divorce can then proceed as normal.
For more information on divorce and separation and how we can help you, please contact our Family Team on 0345 646 0406 or fill in our online enquiry form and a member of our Team will be in touch.