How do I start divorce proceedings?

Either spouse can commence divorce proceedings provided they have been married for 12 months. Only exceptional circumstances will allow for divorce within the first year of marriage. 

The person who starts the proceedings (the petitioner) must show that the marriage has broken down irretrievably, and this can be proven by relying on one of the five facts below:

  1. Adultery of the respondent; 

  2. Unreasonable behaviour of the respondent;

  3. Desertion;

  4. Two years separation with the respondent’s consent; or

  5. Five years separation.  

The petitioner must draft a divorce petition based on one of the above facts, which will be sent to the court together with a court fee.

Contact us

If you are considering starting divorce proceedings and would like further information on the procedure and steps that need to be taken, please contact a Family Law Solicitor based in our Wolverhampton Office on 01902 328 355.

George Green have offices based in Wolverhampton and Cradley Heath and serve clients across the West Midlands and Black Country including Stourbridge, Wolverhampton, Halesowen, Birmingham and beyond. If you complete our online enquiry form, a member of our team will contact you for an initial discussion.