Divorce

Our family law team are specialists in divorce advice, providing sensitive and practical guidance on the legal requirements for starting the divorce process, sorting out your money and agreeing on the arrangements for any children.

Expert advice on divorce from our the Michelmores family law team of solicitors based in Exeter.

Upon pronouncement of Decree Absolute, the divorce proceedings will result in the ending of your marriage contract.  You will no longer be husband and wife.

Michelmores Family Law solicitors offer FREE LEGAL ADVICE for separation and divorce in Exeter.

Michelmores divorce team

Simon Thomas

PARTNER

simon.thomas@michelmores.com

Zoe Porter

PARTNER

zoe.porter@michelmores.com

Penny Rogers

SOLICITOR

penny.rogers@michelmores.com

Sue Dowen

SOLICITOR

sue.dowen@michelmores.com

Rachael Shearmur

SOLICITOR

rachael.shearmur@michelmores.com

Catherine Reynolds

CHARTERED LEGAL EXECUTIVE

catherine.reynolds@michelmores.com

What will the Court want to know?

The Court will need basic information from you such as names, addresses and whether there are any children in your family. They will need your original Marriage Certificate (or a certified copy from the church or district council where you were married). They will also need to know the reason for your divorce.

If your divorce is to be based on your spouse's adultery or their unreasonable behaviour (see Factsheet: Divorce) you will need to give details about this. For example you will need to say when the adultery began although you will not have to name the other person (in fact, people are encouraged not to name the other person to promote an amicable way forward).

If the divorce is based on your spouse's unreasonable behaviour you will need to give details about that behaviour in brief, providing a list of events which end with the breakdown of the marriage.

What about the children?

If there are children in your family you will need to complete a separate form giving the Court information about them. This information will include where they live, who with, where they go to school and whether there are any agreements in place between you and your spouse.

If you would like some advice about agreeing arrangements for children to see the spouse who no longer lives with them, please follow this link to see our further information: Children: Residence/Contact.

How long does a divorce take?

An average divorce will usually take between 4 and 6 months.

This assumes that there are no complications such as locating your spouse, your spouse not replying to the Court or your spouse defending your petition or lodging their own in response.

Will I have to go to Court?

No, not if you and your spouse agree to the divorce progressing in the terms stated.

If, however, you or your spouse want to defend the divorce or issue a separate petition for divorce on different grounds this may have the result of the Court wanting to see you both before it makes any decisions about how the divorce will move forward.

Divorce Factsheet

There are three ways in which a married couple can legally separate from each other. The first and most common, is to ask the Court for a Decree of Divorce. The second is to ask the Court for a Decree of Nullity and the third is to ask the Court for a Decree of Judicial Separation. These are known as Matrimonial Causes or Matrimonial Orders.

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