Grounds For Divorce
Whilst the majority of people may assume that anyone that is married can obtain divorced, across England and Wales there are a number of requirements that will have to be met. For starters, you have to have been married for longer than 12 months, and then you must show that your relationship has failed for one of the following reasons:

• Desertion
• Unreasonable behaviour
• Separation for 2 years
• Separation for 5 years
• Adultery

Time-Scales
Just as each relationship is unique, so is every divorce. Sometimes it can be a fairly amicable situation, while in other situations there could be a lot of bitterness amongst the two individuals. The mindset of the husband and wife getting divorced will have a significant impact on how long the process is going to take. The parties who enter proceedings with an attitude of co-operation and open negotiation might reasonably expect the Decree Absolute to be awarded within a few months. Those that encounter problems which they are not able to agree on might have to wait several years for their divorce to become final.

Divorce Costs
In addition to the normal court fees the cost of your divorce case will vary according to the solicitor you choose to handle your case, the difficulty of your case and the amount of time it takes to resolve it. Not all divorce lawyers are the same and simply because one may perhaps cost less than another doesn’t mean they would be the better option. Deciding on a cheaper solicitor could mean that you are employing someone with less experience of handling your particular circumstances.

Alternatives To Divorce
Regardless of the motivation, Separation is an alternative to divorce, and where a husband and wife only need to be living apart to be regarded as ‘separated’. You can formalise this separation, rather than getting divorced, and even when this isn’t necessary, there could be a number of issues which need to be outlined in some kind of separation agreement.

If you are looking at getting a divorce or attempting to resolve a Family Law problem, our Family Law Solicitors Leeds office can offer you a choice of solutions and look to work within whatever budget you’ve got.

If you want to obtain a divorce, there are a couple of criteria you first need to satisfy before you can submit your Divorce Petition. First of all, you will need to have been married for at least 1 year. Secondly, you need to be able to show that the marriage has irretrievably broken down. This is the only reason for divorce in England and Wales, and there are a number of possible grounds for this break down.

Adultery – If your partner admits being unfaithful, or you are able to prove it, then you should have grounds for a divorce. While you do not necessarily need to move out of the marital home in order to submit the Divorce Petition, it will need to be submitted within 6 months of finding out about the affair if you are using it as a reason for the divorce.

Unreasonable Behaviour – This can cover a wide range of issues in the marriage, and not all of them as serious as you might think. If you can’t reasonably be expected to continue living with your spouse for some particular reason, you should be able to submit a Divorce Petition. This is probably the most commonly cited reason for divorce in England and Wales.

Desertion – When your partner leaves you for a period of 2 years or more without your consent, this is classed as Desertion, and is another reason for seeking a divorce.

Separation – If you and your spouse have lived separately for a certain period of time, this would be another reason for petitioning for a divorce. The time period varies, depending on whether you both agree to the divorce. If you do, and have lived separately for a period of 2 years or more, you should have grounds for a divorce. If one partner doesn’t agree to the divorce, this time period has to be 5 years.

Despite the fact you feel as though your marriage might be over, divorce isn’t your only option. There are lots of excellent counselling options in the Leeds and West Yorkshire area, that have helped a large number of couples work out their differences and get back on track. Alternatively, you may decide to consider a trial separation, to gain a fresh perspective on the relationship, and whether or not it can be fixed.

If you are unsure whether separation or divorce is going to be the best course of action for you and your partner, it’s always a good idea to get professional advice from an expert Family Law Solicitor.

The vast majority of marriages encounter problems at some point, and the majority of married couples will do anything and everything they can to resolve these problems and therefore stay together. However, anytime that’s just not possible, the only sensible solution left might be to seek a divorce.

In spite of the fact that wedding days are filled with the thought of love and romance, any time two individuals get married it’s a legal arrangement. As a result, when they choose to dissolve the marital relationship, there can be a lot of legal affairs that will have to be resolved before they’re able to go their individual ways.

The couple will need to determine how they’re going to share the property and assets they have accumulated, and also any kind of debts they’ve accrued. One of the individuals might be entitled to spousal support, or alimony, and although this is usually provided by the former husband, that isn’t always the case – and occasionally it may not be relevant at all

Together with all of the financial matters, one other thing which can really complicate a separation and divorce process, from a legal as well as emotional standpoint, is if there will be kids involved. The issue of custody will have to be decided, and then the mother or father who does not have primary custody of the children, will most likely need to provide child support.

The vast majority of of the matters involved in a divorce process can be rather problematic, and tough to deal with effectively if you’re unfamiliar with the law. To make sure that you are treated fairly in any sort of divorce process, no matter how amicable or straightforward it may seem, it is best to seek advice from an experienced family law solicitor.

Thankfully, the majority of divorcing couples can work together to come to an agreement that is ideal for both of them, and also any kids involved, and a family law solicitor is going to be capable of making sure the process goes smoothly. Having said that, on the few occasions where there is an argument regarding one or more of the conditions relating to a divorce process, it is going to be essential that you have the assistance of a good family law solicitor, to ensure that your rights are properly represented.

The decrease in the separation and divorce rate is good news for husbands and wives everywhere, having said that, if perhaps you live in Leeds and require help with family law leeds, get in touch with divorce solicitors in leeds to ensure you get the legal advice you need.

Finances – Any time partners are married they will often share various financial advantages, like private health care, pension benefits, or tax allowances. If perhaps they got divorced, it’s possible that one spouse might lose a number of, or maybe all of these benefits, so agreeing to a separation instead is going to be a more suitable option for these people.

Religion – When most people get married, they appreciate that it’s a partnership supposed to last for the rest of their lives, and while divorce is rather commonly accepted, some faiths discourage, or don’t acknowledge the dissolution of marriage. For that reason, numerous married couples may well decide upon an agreed separation over an official divorce procedure.

Reconciliation – A further common reason why some husbands and wives decide upon separation instead of starting divorce proceedings, is that they think there is potential for a reconciliation. Separating on this basis gives the husband and wife the opportunity to take a bit of time, assess the relationship, and potentially get back together with a restored perspective which will help make the relationship work.

Grounds for Divorce – Two of the reasons for divorce involve separation for time periods of 2 years, when the husband and wife happen to be in agreement concerning the divorce, or 5 years, where one spouse isn’t going to agree and so the divorce is going to be contested. When there are actually no other grounds for divorce, separation may be the only way for one or both partners to obtain a divorce.

Husbands and wives that choose to separate instead of, or prior to, getting a divorce, might want to think about creating some sort of Separation Arrangement that sets out their individual responsibilities for the different aspects of their mutual finances, together with arrangements for such things as custody (residence) and also support (maintenance). This is known as a Deed of Separation, and whilst it will be drawn up without the involvement of the court and isn’t legally binding in the event of an upcoming divorce, it might help spouses who will ultimately get divorced deal with many of the issues they’ll have to deal with.

In situations where the husband and wife desire a more official separation agreement, a Judicial Separation will involve the court officially acknowledging the husband and wife’s separation and their settlement on affairs concerning their children as well as their finances.

While in most cases you will probably want to move out of the home you share with your partner, while the matter of divorce is resolved, this isn’t necessary. You will however need to submit the Divorce Petition within 6 months of having found out about the affair in order for your divorce to be considered on the grounds of Infidelity – whether or not you are still living in the same house as your partner.

Are You Sure?
Clearly, the first thing that you need to consider when you are thinking about a divorce is whether it’s definitely what you want. You should take some time to really consider the reasons why you think divorce is your only option. This will allow you to look at the issues and see if there are other ways you might be able to resolve the issues within your marriage.

Many people have found that counseling can be an effective way to help prevent a divorce. If you think your marriage could be saved with better communication between you and your spouse, this is something you should consider.

Other couples agree to a trial separation before proceeding with the divorce process. This allows both parties the time and space to re-evaluate their feelings and decide on the best course of action.

The process of getting a divorce is final. You should take every step possible to see if there are other ways you and your spouse can stay together and both be happy.

Whether to Hire a Solicitor
Once you choose to proceed with a divorce, the first decision that you have to make is whether to hire a solicitor. In most cases, you should at the very least consult with a solicitor and get their advice, which should allow you to decide how much professional help you are going to need.

Even though it might be possible for you to manage the divorce process yourself, it can be a complicated legal process. Because of that, it’s a good idea to have a suitably experienced legal professional on your side, to ensure that everything is dealt with appropriately.

Hiring a solicitor is also a good idea because it will provide you with an objective point of view that has your best interests in mind. Getting a divorce is emotional and it is very easy to make decisions based on those emotions. A solicitor will safeguard your rights, and help make sure your heart doesn’t rule your head.

Whether to Use the Collaborative Divorce Process
When you are 100% sure that you want a divorce and you’ve hired a solicitor, they might then recommend that you consider a collaborative divorce process. Divorce cases that end up in court can be acrimonious and drag on for a very long time. This also means that your final bill from your solicitor will continue to grow as well.

Collaborative divorce involves you, your spouse, and your legal representatives coming to an arrangement over the course of several face to face meetings, with everyone committed to making sure an agreement is reached without having to involve the courts.

If you think that both you and your spouse are determined to dissolve your marriage amicably, and you are both genuinely interested in reaching a fair agreement, this type of process may be something you should consider.

Everything depends on the Acknowledgement of Service your partner submits after they have received their copy of the Divorce Petition. In this they will state whether they are planning to challenge the divorce. If they are, they will also have to complete and submit another document, called an Answer, to outline why they are challenging your Divorce Petition. Your partner, the respondent, has a limited time to complete and return these form to the court so the process doesn’t grind to a halt.

The first thing you will need to do is submit your Divorce Petition. This outlines to the court the reasons why you think you should be granted a divorce, and also provides information on any suggested maintenance arrangement, as well as who you are proposing will pay the costs associated with the divorce.

If there are any children involved in the marriage, you will also need to submit a Statement of Arrangements along with the Divorce Petition. This outlines your proposed arrangements for what till happen to the children after the divorce has been finalised – including where they will live as well as what financial support will be needed.

Even though this is not an element of the official process, it is crucial you get expert help and advice at the earliest opportunity. Divorce happens to be a legal process, and for anybody not really acquainted with what’s involved, it may be a hard process – no matter how friendly it might all seem in the beginning. Discussing your situation with a Family Law Solicitor is the best way to understand all of your options so it is possible to decide what you would like to do.

Even if both partners agree that a divorce is the best course of action, and they are approaching the process in an amicable way, there are a number of legal issues to consider when you are dissolving a marriage – many of which are best handled by a solicitor who is suitably qualified to deal with them. Plus, as well as things start out, there is always the chance that a couple may disagree over some aspect of the divorce, and this is where the support of a Family Law solicitor will be vital.

It might seem strange that Family Law solicitors would advocate separation and counselling before pressing ahead with a divorce action, but most solicitors genuinely have their clients’ best interests in mind, particularly if there are children involved in the marriage. However, if separation and counselling aren’t enough, it may be that divorce is the logical next step. In which case, getting advice from an experience Divorce solicitor is going to be the best way to make sure that the process is as efficient and painless as possible.

Seek guidance – While this is not a part of the formal process, it is important you get skilled advice as soon as possible. Divorce is in fact a legal process, and for anybody not familiar with what’s involved, it can be a very hard process – regardless of how amicable it might all appear at the start. Looking at your circumstances with a Divorce Solicitor is the best way to fully grasp all your options so you are able to decide what you want to do.

Divorce Petition – If, once you have spoken to your solicitor, you opt to proceed with the divorce process, you will have to complete and then submit your Divorce Petition. This outlines to the court the reasons you think you should be divorced, along with what you’re suggesting or looking for when it comes to matters like support, court costs and so on.

Statement of Arrangements – If you and your husband or wife have kids together, you will also have to complete a Statement of Arrangements with the Divorce Petition. This outlines the proposed arrangements for your children after the divorce, which include where they’ll live in addition to what sort of contact the non-custodial mother or father is going to be given.

Acknowledgement of Service – Once your partner receives the Divorce Petition and Statement of Arrangements, they have got a short time to respond to the court by using the Acknowledgement of Service form. With this they will declare whether they plan to challenge the divorce. They will need to complete another form, known as an Answer, as well as the Acknowledgement of Service when they are planning to contest the Divorce Petition. If perhaps this happens to be the case with your divorce, you should obtain further advice from your solicitor concerning your options for managing the situation.

Affidavit – In cases where your partner agrees to a divorce, you will receive a copy of his or her Acknowledgement of Service which you need to send back, along with an Affidavit. The Affidavit is essentially where you legally declare that all the specifics layed out in the initial petition are genuine.

Decree Nisi – After the court has received all of the forms from you, and it’s happy things are as they should be, it’ll pronounce the Decree Nisi. You are not actually divorced at this time, it is simply a legal court acknowledging that the proper legal process has been followed, and that you should be divorced.

Decree Absolute – 6 weeks later, and ideally once all the conditions and terms of the separation and divorce have been sorted out, it is possible to request the Decree Absolute. After you obtain this your marriage is dissolved and therefore you’re formally divorced.

How Much Will A Divorce Cost?
Apart from the fees which the majority of solicitors will charge to handle a divorce process in England and Wales, there are numerous standard court costs which you will have to pay also.

Divorce court costs – When you petition the court for a divorce, the fee for submitting the petition is currently £340. At the end of the process there’s also an additional cost for the Decree Absolute of £40. There might be various other court costs too. For example, if you and your former partner have come to an agreement concerning your finances and are wanting a ‘clean break’ divorce, you would need to file a Consent Order with the courts, that carries a further £45 charge.

Solicitor Costs – The cost of a divorce lawyer is going to vary from case to case according to the time it takes to finalise your divorce, the complexity of the case along with the solicitors hourly fee. An uncomplicated case might only cost a few hundred pounds, whilst a long and drawn out process, in which a husband and wife are finding it hard to get to an agreement concerning issues like finances and child custody, can cost many thousands.

If you’re coping with divorce or Family Law issue and want to understand the various options for paying for your case, get in touch with our Divorce Solicitors Leeds office, who’ll give you the information and advice you’ll need.

In basic terms, separation may be grounds for a divorce if you and your partner have been living apart for either 2 or 5 years. If you are both going to agree to the divorce action, you only need to have been separated for 2 years. However, if it’s likely that your partner will contest the divorce, you will need to have been separated for 5 years. If, during the course of the separation, you try living together again in an effort to save the marriage, you might still be able to divorce on the grounds of separation – as long as you weren’t living together again for more than 6 months, and the total amount of time separated is 24 months.

By employing the services of specialist and experienced lawyers such as those located at our Family Solicitors Leeds office, you’ll have all your various options spelled out to you, and obtain the information you require to pick the best plan of action for you and your family.

Examples of the issues our Leeds Family Solicitors can assist with are discussed here:

Divorce Cases
Divorce cases are usually quite involved, and often quite challenging. Our Leeds Family Solicitors will offer all the information and help you require to cope with what could be a stressful and emotional process.

Formal Separations
Any time a relationship ends, there may be various legal issues to sort out, which are usually best dealt with by professionals. Our Leeds Family Law Solicitors possess the knowledge and experience to advise you on each and every aspect of a formal separation.

Maintenance
One of the more financially stressful factors of any broken relationship is usually the payment of some kind of maintenance. Looking after a home on a decreased family income can be difficult. Our team of Leeds Family Solicitors can provide you with the advice you will need to obtain economic support during this time.

Custody
Among the most emotional elements of any divorce or separation, will be the matter of custody. One of our Leeds Divorce Solicitors will help you achieve a fair and realistic custody arrangement, in the best interests of all concerned.

Child Support
Raising children is often hard enough, and it could be even more difficult if your family income is reduced after a divorce. Our team of Leeds Divorce Solicitors will ensure that you receive all the monetary assistance that you’re qualified to receive as a single parent.

International Divorce
Partners often have different countries of origin or may even have gotten married in another country. One spouse may perhaps work in another country or the partners may have assets overseas. Any time these people are involved in a divorce, professional knowledge and experience of international divorce regulations is essential. The international divorce lawyers at our Family Law Solicitors Leeds office are authorities on the subject of international separation and divorce and can provide information and advice about the different jurisdictions as well as their legal benefits.

Alternative Dispute Resolution
A growing number of married couples are discovering that Alternative Dispute Resolution processes like Collaborative Family Law and Mediation provide a much more civil and effective means for resolving Family Law problems, without needing to involve the courts. Specially qualified solicitors in our Family Law Solicitors Leeds office are able to advise you on both these ADR processes and whether or not they might be suitable for your situation.

Living Together
There’s usually a good deal of misunderstanding over the rights of both sides when a couple who’ve been living together choose to go their separate ways. In contrast to partners who are husband and wife or have a civil partnership, cohabiting couples do not benefit from the same legal rights and legal protection. Our Divorce Solicitors Leeds office will advise you on the best approach to protect your future in the event of a breakdown in your relationship.

Protection From Domestic Violence
From time to time marriages simply don’t work out, but should they ever turn violent you have got a right to be protected from domestic violence. Our Leeds Family Law Solicitors will help you to put the lawful safeguards in place to stop the physical violence so you and your children can feel safe.

Prenups
When either partner enters a marital relationship or civil partnership with substantial assets, these might be at risk in the event of a divorce. Our Leeds Family Law Solicitors can give you advice regarding a prenuptial agreement which could secure these financial assets to safeguard them in the event of the partnership finishing prematurely.

Desertion is when a one spouse leaves the other without their approval, for a period of at least 2 years. It is because this is such an unusual situation for a married couple to find themselves in that Desertion is actually one of the least common grounds for divorce. However, if a married individual did find themself in this situation, it would be wise to get help from a Family Law solicitor, who would be able to advise them about seeking a divorce on the grounds of desertion.

Baby Boomer Divorce Rate Doubles

"Even as divorce rates for the general population have stabilized over the past several …. All persons are considered innocent until proven guilty in a court of law."
http://www.kvia.com/news/31221678/detail.html

Regardless of how old or young married partners might be, if the relationship can't be saved then divorce could be the only option. In this situation, no matter how amicable everything might seem, it's always a good idea to get advice from an experienced Family Law Solicitor.

Many people would assume that it would relate to problems with alcohol, drugs or even abuse, but it can actually cover much simpler issues that simply make it impossible for the couple to stay together. If one of the partners is devoting too much time to their work for example, and not enough time to their marriage, this could actually be classed as unreasonable behaviour, and could be grounds for a divorce – as could any issue which means the one partner can’t reasonably be expected to continue living with with the other one.

During this initial meeting, your solicitors are going to highlight that the Collaborative process involves a commitment from both partners to try and seek a resolution without having to go to court. You will in fact be asked to sign a document to acknowledge this commitment. Then, each partner is allowed to state the objectives they are trying to achieve from the process, and the agenda is planned for the next and subsequent mettings to try and achieve those objectives and reach a suitable agreement.