When you get involved with anything associated with the law and the legal profession, such as family law in St Helens or family law solicitors St Helens,
it is best to follow the correct procedure in order to ensure that all
goes according to plan. Shortcuts tend to make things worse rather than
better and in some cases can lead to disastrous results.
Divorce in St Helens is one of these things that need to be handled carefully and solicitors in St Helens will be able to tell you all about the steps that need to followed and the things which need to be done, as well as the order in which they need to be done. It is always advisable to try and obtain as much knowledge about the procedure before you start so that you know what to expect and the things that you need to be aware of.
In court and in legal documents, the person applying for the divorce is known as ‘the petitioner’, and the person they are divorcing is ‘the respondent’.
Initial letter to the respondent
If you are applying for the divorce, your family law solicitors St Helens will usually start the process by writing a letter to your husband or wife to tell them that you are planning to start divorce action. This letter will also recommend that your husband or wife gets independent legal advice if they have not done so already.
Divorce petition
Your solicitor will then send the divorce petition to the court. The petition sets out whether you will be asking your husband or wife to pay for the costs of the divorce or to provide some other sort of financial support for you or your children. The court will send a copy of the petition to your husband or wife for their solicitor to reply.
Once your husband or wife or their solicitor has replied to the petition, you will need to confirm your intention to go ahead with the divorce application by making a sworn statement or ‘affidavit’. Your application is then lodged with the court.
Decree nisi
Once the court is satisfied that you should have a divorce, it sets a date and time for the judge to pronounce the ‘decree nisi’. You do not need to go to court for this. It is simply a statement from the court that the divorce can go ahead and the divorce papers are approved. You are not actually divorced at this stage.
If at this point you and your husband or wife has not agreed who should pay the legal costs of the divorce, the judge pronouncing the decree nisi will make the decision for you.
Decree absolute
Six weeks after the decree nisi, the person applying for the divorce can have the divorce made ‘absolute’. This legally dissolves the marriage. However, you are usually better to wait until financial matters have been settled before finalising your divorce in this way. These are the main steps in getting a divorce in St Helens, and elsewhere.
Divorce in St Helens is one of these things that need to be handled carefully and solicitors in St Helens will be able to tell you all about the steps that need to followed and the things which need to be done, as well as the order in which they need to be done. It is always advisable to try and obtain as much knowledge about the procedure before you start so that you know what to expect and the things that you need to be aware of.
In court and in legal documents, the person applying for the divorce is known as ‘the petitioner’, and the person they are divorcing is ‘the respondent’.
Initial letter to the respondent
If you are applying for the divorce, your family law solicitors St Helens will usually start the process by writing a letter to your husband or wife to tell them that you are planning to start divorce action. This letter will also recommend that your husband or wife gets independent legal advice if they have not done so already.
Divorce petition
Your solicitor will then send the divorce petition to the court. The petition sets out whether you will be asking your husband or wife to pay for the costs of the divorce or to provide some other sort of financial support for you or your children. The court will send a copy of the petition to your husband or wife for their solicitor to reply.
Once your husband or wife or their solicitor has replied to the petition, you will need to confirm your intention to go ahead with the divorce application by making a sworn statement or ‘affidavit’. Your application is then lodged with the court.
Decree nisi
Once the court is satisfied that you should have a divorce, it sets a date and time for the judge to pronounce the ‘decree nisi’. You do not need to go to court for this. It is simply a statement from the court that the divorce can go ahead and the divorce papers are approved. You are not actually divorced at this stage.
If at this point you and your husband or wife has not agreed who should pay the legal costs of the divorce, the judge pronouncing the decree nisi will make the decision for you.
Decree absolute
Six weeks after the decree nisi, the person applying for the divorce can have the divorce made ‘absolute’. This legally dissolves the marriage. However, you are usually better to wait until financial matters have been settled before finalising your divorce in this way. These are the main steps in getting a divorce in St Helens, and elsewhere.
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