DIVORCE PROCEDURE

Every case is different but primarily there are two procedures : 

1. Undefended Divorces (where the other spouse is not opposing a Divorce or in not participating in the case or cannot be traced) 

2. Defended Divorces (where the other spouses opposes the Divorce and/or is Cross-Petitioning on other grounds). 

The procedure we have outlined here is for Undefended Divorces, although some of the stages also apply to Defended Divorces. It is likely that the full procedure will take between 3 to 4 months but this depends on the co-operation of your spouse.  

The procedure is done on paper and there is usually no requirement to attend Court for a hearing, although sometimes it may be necessary if there is disagreement on who should pay the Divorce Costs.  

The vast majority of cases are usually undefended. Where they are defended it is usually a Petition based on unreasonable behaviour. Even if a case is initially defended parties' usually realise that it is often not worthwhile to contest due to the high costs and prolongation of the case in addition to the emotional strains.  

The divorce is granted in two stages, called the decree nisi and the decree absolute. The latter makes the divorce final.