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Divorce Lawyers

A divorce attorney specializes in the termination of legal marriage, whether through litigation or mediation. He deals with all aspects of that termination, including division of current property, future property and aspects related to raising children.
A Divorce lawyer will outline your options at every stage and give you the information to make your own decisions.
Family Law
A divorce lawyer practices in a field called family law, which regulates the legal relationships between individuals, including marriage, Divorce, separation and divorce.
Commonly used terms

No Fault Divorce
No fault divorce is a relatively recent creation in the United States that allows for both parties to seek dissolution of a marriage without proof of fault on either side.
At Fault Divorce
At fault divorce requires fault by one party, including infidelity. Fault still plays a role in determining property division and support payments.
Mediated Divorce
Mediated divorce includes collaborative divorce and is an alternative to a litigious divorce. Some states require mediation before litigation in divorce matters so that parties can attempt to create a joint resolution on their own.
Aspects Considered in Divorce
A divorce lawyer advocates obtaining the best outcome in terms of division of present and future property on behalf of the party that he represents.
Children
A divorce lawyer also advocates for the most favourable outcome in terms of division of child care and support in terms of what his client wants. A judge then determines the outcome based upon the best interest of the children.
Separation
A divorce attorney will also deal with legal separation between his client and the client’s spouse. Legal separation may segue into divorce. However, the parties may also reconcile and abandon divorce.
A Divorce lawyer can also offer advice on: Co-habitation with ex, Money you can’t get back, Rights upon separation and how to revert to your maiden name upon separation in the UK.

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DIVORCE AND DISSOLUTION OF CIVIL PARTNERSHIP IN THE UK

The legal process of ending a marriage or civil partnership can have an emotional and financial impact on all family members.
Resolution members will help separating couples achieve a constructive settlement of their differences in a way which should avoid protracted arguments,  it promotes co-operation between parents in decisions concerning minors.
If you are having problems in your marriage or partnership, first consider whether these difficulties could be resolved with the assistance of a relationship counsellor.
Organisations such as Relate could help you.
If however you do decide to divorce or dissolve your partnership, a lawyer will be able to advise and guide you through the process.

To get divorced in England and Wales, you must show that you have been married for more than a year and that the marriage has broken down.
The marriage must have broken down for one of these reasons:
Your spouse has committed adultery and you find it impossible to live together
Your spouse has or is behaving in such a way that you cannot reasonably be expected to live together
You have been separated for two years and your spouse has agreed to a divorce
You have been separated for five years.
Your spouse has deserted you more than two years ago

The reason for the breakdown of the marriage forms the basis of the divorce application, known as the ‘petition’. If more than one of the above reasons applies, your solicitor will advise on the most suitable route for your circumstances and what additional information the court will require.
If you or your spouse has committed adultery, it is not usually required to name the other person. If the petition is based on the behaviour of your spouse, you will need to give some small examples of their behaviour and how it has affected you.
These details (known as ‘particulars’) can be agreed with your spouse in advance, to avoid increasing any conflict between you both.
If you carry on living together for more than six months after either the last act of unreasonable behaviour or the discovery of the last act of adultery, then you cannot get a divorce based on this. Similarly, a period of separation is discounted if you live together again for a period of six months.

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What the divorce procedure involves
As we all know there is no such thing as a quick divorce find below a summary of the general procedure:

1. The divorce procedure begins by sending to the court the petition, your marriage certificate and the court fee, if you are receiving legal aid you may submit a claim for exemption.
2. If you have children, you will need to give details of their names and dates of birth, Their current address, the schools currently attending and what arrangements have been made for their care.
3. A copy of the petition and statement of arrangements for children are sent to your spouse who is must complete an Acknowledgment of Service saying whether or not he/she agrees with the divorce. Provided he/she does not contest it, the following may happen:
After confirming that the details given are true and the ground for divorce is established the court can grant a Decree Nisi
After six weeks and one day, it can be converted into a Decree Absolute; this marks the end of the marriage.
If the spouse who issues the divorce (called the petitioner) does not apply for the Decree Absolute after the six week period, the other spouse (the respondent) can apply for a court hearing to get it.
In some circumstances a divorce can be held up until arrangements for any children or financial matters are agreed
The petitioner can stop the process at any time before the Decree Nisi and if both parties agree it can be stopped after Decree Nisi provided that it is before Decree Absolute If the divorce is defended, the position is much more complex.

You will also need to settle financial matters relating to the family home, maintenance, pensions, and any savings and investments.
The legal term for this is ‘Ancillary
The time it takes to get a divorce will vary according to the complexity of each case and the practice of the particular court.
Even the most straightforward divorces will take between four and six months.

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