I want a divorce

Bossyboots

There are some inaccuracies flying around here.

You can download all the forms you need from the Court Service website, together with guidance to complete them. Unfortunately the site is not working properly at the moment (unless it has been fixed since this morning) but hopefully it won't be long before it is back up and running.

You need the correct divorce application for the grounds you wish to divorce on. If it is her behaviour, you will have to give details of the behaviour that makes you believe the marriage has broken down irretrievably. You will need the original marriage certificate or an official copy from your local registrar.

As well as that, you need a Statement of Arrangements for the children which will set out who the children are living with, their health needs, where they will go to school etc.

Neither of these forms are difficult to complete even for someone inexperienced, just read them properly and take your time.

You then file the petition and statement with a copy at the Court desk. It will cost £300. If you are on benefits or low income you can claim exempt or reduction in the fees.

The court will sent it to your wife, she will complete a form and send it back. If she doesn't object to the divorce, you will need to complete an affidavit. Again, this is straightforward if you read it carefully. Worst case scenario you take it to a solicitor for help, paying a reduced price inital interview. You then complete another form which is asking the court to list the divorce to be granted by the judge. There is no hearing. Provided all the paperwork is in order, the judge will rubber stamp the divorce and that is the first stage done. You wil be given notice of the date of the hearing and you can attend if you wish, but it is not expected. You will be issued with a decree nisi.

Six weeks and 1 day after that hearing you can apply for the decree absolute. This is the piece of paper that proves you are divorced and single again. There is a £40 fee for that.

I can expand on any parts of this if needed. I have summarised as otherwise I could be here all night.

As for legal aid, this is available for divorce proceedings and there are no complicated forms. If a person is on a qualifying benefit (income based JSA or ESA, Guaranteed Pension Credit, Income Support) they will get legal aid automatically at the "Legal Help" stage. This covers them for the whole procedure I have outlined above and it is the solicitor who completes the form.

Bossyboots

Legal Help can also be used to obtain advice about the drafting of the consent order. It is only when things get more complicated/contested that full legal aid will need to be applied for and THAT is where the long forms come in although again, for anyone qualifying automatically the solicitor should do the forms.

Even if you are not on qualifying benefits, a low income may still mean legal aid is available.

If you gain, recover or preserve a financial benefit from action covered by legal aid, you do indeed have to pay your costs but this would be at the much lower legal aid rates than paying privately.

vikkiharris

Go to your local County Court offices - they will have leaflets as well as all the necessary forms for you to complete and details of fees etc. If you need any further advice, make an appointment with your local Citizens Advice Bureau who will be happy to help (or post questions on here, of course!)...

Good luck