How do I start divorce proceedings?

Divorce proceedings can be started by either spouse once they have married for at least 12 months. A divorce petition cannot be issued within the first year of the marriage unless there are exceptional circumstances.

To start divorce proceedings, the petitioner must show that the marriage has broken down irretrievably. This can be shown by relying on one of five facts:

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.

To start divorce proceedings, the Petitioner would need to draft a divorce petition based upon one of the above five facts. This is then sent to the Court alongside the Court fee for issuing.

If you are considering starting divorce proceedings and would like further information in respect of the procedure or the initial steps that need to be taken George Green’s specialist Divorce Solicitors would be more than happy to assist.

For further information or if you wish to discuss your matter in a free initial telephone consultation call Mark Vandaele on 01902 796930 (mvandaele@georgegreen.co.uk) at our Wolverhampton office or Rachel Baker on 01384 340 580 (rbaker@georgegreen.co.uk at our Cradley Heath office.