Post
by CR001 » Mon Jan 13, 2014 9:30 pm
If you have not been separated and living apart for 5 years or more, she will have to sign consent, which is the papers the court send her.
1. You apply for a Petition to Divorce at the court and pay a fee of approximately £350-£500. You are the Petitioner. There are 5 grounds that you can choose from to petition for divorce.
2. The court draws up the paper for the respondent, who is your wife and sends it to her.
3. She has to complete the form and send it back to the court within a certain time, usually 10 days - this is a 'no contest' declaration
4. The court then does whatever is necessary etc
5. After about 10-12 weeks, a decree nisi is issued
6. I think about 6 weeks after the decree nisi is issued, you apply to the court for the decree absolute
7. You are then legally divorced
You also don't need a solicitor as the court will help you with advise or the CAB can help you complete the forms. It is quite simple but just takes a long time for the process.
For example, I have been separated for almost 2 years, so in May 2014, I will apply for the petition and my husband will get the papers and complete them and send them to the court for the process to start.
If you have been separated for 5 years or more, she will not need to sign anything and only your signature etc is required. The divorce will then probably be based on desertion.
Char (CR001 not Casa)
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