The Legal Process of Divorce in Five Stages

Divorce consists of complex laws that may be confusing for many. If you are considering divorce, then you will have to know the legal process that you need to follow to get it. But before we look at the legal process, there is an emotional process of divorce also. It consists of 5 stages. “what are the five stages of divorce” you may be wondering, they are denial, anger, bargaining, depression, and acceptance.

These emotional stages symbolize grief over the loss of a relationship. This emotional process may begin before or after divorce, and the duration of these may also vary from person to person. So it’s essential for people seeking divorce to get help from experienced mental health experts who can counsel you and help you cope while you go through the legal process of divorce.  It is also important to get some support from a lawyer because the legal process of divorce consists of five stages as shown below. 

1) The divorce petition

The first step you need to take as a petitioner to begin the divorce proceedings is to petition for divorce with the court. Up until recently, there needed to be some grounds for divorce, for instance, adultery, desertion, abusive behavior, or separation, which indicates that the breakdown of marriage is irreversible. The law has changed recently and it is possible to enact a no-fault divorce, (which was designed to remove the acrimony from the divorce process), and it is therefore vital that you get some legal advice from a specialist like Peters May – Your go-to family law firm in Mayfair.

2) The response of the respondent

Once the petition is lodged with the court, copies of the petition, as well as the acknowledgment of service form, will be sent to the other spouse, who is the respondent. They will be required to complete the form and return it within a week.

The way they respond will determine whether they agree to divorce or want to defend against it as well as their position in the marriage. If the form is not returned on time, then if you can prove that the form was received by the respondent, then the court will instruct the delivery of the petition in person.

3) Application for decree nisi

Once the petition is acknowledged and the form is returned, then you, as the petitioner for divorce, will need to apply for the provisional decree of divorce, also known as decree nisi. To do this, you will need to submit a form with your statement that confirms that the petition’s contents are true.

When your paperwork is received by the court, and they determine that the petition and paperwork are eligible for divorce, then they will notify you regarding the time, date, and place where the decree nisi will be given. In order to ensure your paperwork is correct and submitted on time, it’s essential that you get help from professional lawyers at The Law Offices of Dorie A. Rogers. They are experts in the field who know how to file paperwork and help you throughout the process to ensure you get a speedy divorce.

4) Order of court

At the hearing, if the judge is satisfied with the paperwork, then the decree nisi will be given. This provisional decree of divorce confirms the irreversible breakdown of marriage and the annulment of marriage upon the decree absolute. This decree absolute is given 6 weeks after a day of decree nisi.

5) Application for decree absolute

The final order is the decree absolute, after which the divorce is finalized. This is made after the court gets the notice of decree nisi. You can apply for the decree absolute 6 weeks after a day of the hearing of decree nisi. Usually, an uncontested divorce takes around 4 to months to reach its last legal stage. But delays can occur, especially if the respondent is not cooperative.

Conclusion

Divorce can be overwhelming both emotionally and legally. So you need to be kind to yourself and give yourself time and care. To ensure your legal process goes smoothly, you should get help from professional lawyers who will assist you throughout the process.

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