FAQs about Divorce
Posted on 20th December 2018
When you are looking at getting divorced, there are so many questions that run through your head. MG Legal, your Solicitors in Lancaster, have complied a list of the most commonly asked questions by our clients, and have even answered them.
Whilst Solicitors in Lancaster have given general responses, for advice relevant to your situation, call us on 01524 581 306 or email email@example.com.
How Long does it take to get divorced?
Whilst we would like to be able to say ‘it will all be over in the space of a month’, unfortunately the process can take slightly longer than this. Typically, we would estimate that it would take between four and six months for your Solicitors in Lancaster to finalise divorce matters. However, as always, this depends on the circumstances, the Court backlog (which can range from next-day processing to weeks!) and whether your spouse (or even their choice of Divorce solicitor in Preston, Longridge or Garstang) delays matters.
What do I need to show that I am entitled to a divorce?
The one fact that a divorce petition can be based on is that the marriage has broken down irretrievably. This must be supported by at least one of the following five facts:
Two Years’ Separation (with Consent)
Five Years’ Separation
Now, whilst there are conditions placed on some of the above (i.e. adultery must be admitted within a certain amount of time), if you can prove one of the above, then you will likely have grounds for a divorce. For more information about the divorce process, see Solicitors in Lancaster’s blog, or pop into your family solicitors Preston, and one of the team at MG Legal will talk you through the process.
How soon after getting married can I get divorced?
In every case, you must have been married for at least one year before you can get a divorce. If you have been married for less than this time but want to separate, you can – you just have to wait until a year has passed to finalise matters officially.
Do I need to use a Family Law Solicitor for my divorce?
Whilst it is not a legal requirement to use a solicitor to deal with your divorce, it is always a good idea to seek legal advice, whether you are the Respondent or the Petitioner. Unfortunately, if you do not seek legal advice you may find that you struggle with some of the Court documents and the process – it can be overwhelming, so why not take some of the stress away and let your Solicitors in Lancaster deal with matters on your behalf. MG Legal, family solicitors Lancaster, offer fixed fees, starting from £395.00, with easy-to-swallow monthly payments (just ask one of our team!).
If we decide to reconcile, can we stop the divorce?
Officially, until your Decree Absolute has been pronounced (your Solicitors in Lancaster will always check with you before submitting this document) you are still legally married in the eyes of the law. However, it is always worth being certain of whether this is what you want before you commence proceedings, especially if there are children of the marriage, as you do not want to cause unnecessary stress or sadness.
Can I get Legal Aid?
Unfortunately, due to changes in the law introduced by LASPO (see our blog on the Legal Aid, Sentencing and Punishment of Offenders Act 2012 for more information) unless you have been the victim of domestic abuse, you are unlikely to qualify for legal aid, even if you are on a low income. However, it is always worth speaking to your Solicitors in Lancaster about whether you can get help with the Court fee, as you may get a full or partial remission!
Which Court will deal with my divorce and will I have to attend?
For uncontested divorce applications, these will be dealt with by your Regional Divorce Court. For your local family law solicitors in Lancaster, Garstang and Longridge, MG Legal, the local Divorce Court is Liverpool Family Court. Whilst in some cases you may have to attend Court (if there is a disagreement over who should pay the costs, or the petition is contested), in a straight forward divorce you do not generally have to attend.
So, we have answered the most common questions put to us by our clients, but for advice specific to your circumstances, and to instruct Solicitors in Lancaster, MG Legal, to act on your behalf, contact our family team on 01524 581 306 (Lancaster office), our family law solicitors in Preston on 01772 783 314, or our expert divorce lawyers at your nearest solicitors in Garstang on 01995 602129. For a rapid response 7 days a week, email one of the team on firstname.lastname@example.org.
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