Divorce and Separation

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Family Law Issues
Call now on the Emsleys Family Law Helpline:
0844 939 0066

Making hard decisions easier

If you have marriage problems we understand that taking the first step and seeking advice can often be the hardest decision to make. We know it can be a huge relief to talk to someone who is sympathetic and understanding, but who can also give constructive advice and guidance on your legal entitlements and the options available to you.

Going to your solicitor should not be seen as an irrevocable step towards divorce and we're totally committed to exploring every possibility of reconciliation and pointing you in the right direction to obtain help from trained experts.

How we can help

Wherever possible we adopt a conciliatory approach to marriage disputes, but if permanent separation is the only option we can advise on grounds for divorce and assist you at all stages of the process.

Questions & Answers

Q: When can I get a divorce?

A: You have to be married for a year before you can issue divorce proceedings. There is one ground for divorce - that the marriage has irretrievably broken down - and there are five ways to prove this 'irretrievable breakdown' to the court. We will advise on the best way to divorce with minimum expense.

Q: Will I have to attend court?

A: Not usually. In most cases a divorce is a paper exercise and it's not necessary for you to actually see the judge. If there are disputes that cannot be resolved in relation to any children or dividing up the assets of the marriage, it might be necessary to ask for the court's assistance in resolving these. In such cases you may need to attend court, but this is usually a last resort.

Q: How long does a divorce take?

A: Each case is different but we would normally estimate that a straightforward uncontested divorce takes around 6 to 8 months from when your petition is issued. If the other party does not reply to the petition it can take longer. In certain circumstances we will advise you not to finalise your divorce until other matters are also resolved, such as reaching an agreement about sharing the assets of the marriage.

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