If you and your partner have decided that you will get a divorce, you may feel a little bit overwhelmed by the whole process, no matter how amicable your separation might be. It can be a very confusing process for someone navigating it for the first time, and you’re sure to have questions about how to get it right, both from a legal perspective and a fair one.
With this in mind, we ask O’Donnell Solicitors to offer their expert advice on navigating your divorce successfully.
Are you able to get a divorce?
The first thing you need to do is check if you can get a divorce. You can get a divorce in England or Wales if the statements below are accurate:
- Your marriage is recognised legally in the United Kingdom, including same-sex marriage
- Your relationship has broken down permanently
- You have been married for more than a year
Joint vs individual divorce applications
Next, you will need to determine whether you are applying for a divorce on your own or making a joint application. The latter is for those couples whereby both partners agree that you should get a divorce.
It is also imperative that you are not at risk of domestic abuse if making a joint application. If you feel this is the case, please seek professional help as soon as possible.
An individual application happens if your spouse disagrees that you should get a divorce. If you feel they will not respond or cooperate with court notifications, you will need to make an individual application.
Arrangements for property, money, and children
Now, if applicable, you must make arrangements to look after your children. This includes child maintenance payments. Property and money must also be decided. Things can get messy if one partner feels the other does not deserve the amount they are asking for. Because of this, you must have a high-quality solicitor on your side who can help you through all of this.
Applying for a divorce
With the help of your solicitor, you can apply for a divorce. You will need your full name and address and your husband or wife’s full name and address. You also need a certified copy or original copy of your marriage certificate. If you have changed your name since you married, you will need proof of this. There is also a fee to apply for a divorce, currently set at £593. The way you pay depends on whether you apply via post or online.
Working with a qualified solicitor is a must.
Working with a solicitor experienced in this area of law is a must. Having someone on your side who understands divorce law and will have your best interests at heart is imperative. If you enter the divorce proceedings without legal help, you could find that you get the poor end of the deal, especially if your other half has a solicitor. Even couples who feel their divorce has ended amicably can experience hurdles and greed while splitting assets and making the divorce legal.
Final words on navigating the divorce process
We hope that the information we have provided you in this blog post will give you a better understanding of what is entailed when navigating the divorce process. We know this can be difficult for anyone, but you must understand what lies ahead. Arming yourself with a quality divorce lawyer Chicago is a must.