subject: The Divorce Process From Start To End [print this page] The start of the divorce process involves the completion of a form known as the 'petition for divorce.' The form is also known as the D8 form. The form has three parts, one for you to fill in, one for the courts to fill in and one for your partner to fill in. In order to file for divorce you must be married for at least one year.
You can get a divorce petition from a solicitor or the HM Court Service official website. When it is filled in it should be returned to the Principle Registry of the Family Division in London or any divorce county court.
The court will agree to a divorce if the marriage is deemed to be 'irretrievably broke down.' If you have been separated for two years or both agree to divorce a divorce will be granted. If only one partner wishes to divorce a divorce will be granted when you have been separated for five years.
When you submit the form you will be officially starting the divorce process. The person who starts the process is known as the petitioner whereas the person being divorced is known as the respondent. When the forms are complete you will have to provide copies of your marriage licence as well as the details of any children you have.
Next the court will send a copy to your estranged partner and any co respondents named in your divorce petition. Your husband or wife then has eight days to acknowledge that they have received the forms. They then have eight days in which to respond before a court bailiff visits them.
The Decree Nisi is the next part of the process. This will be granted when the judge has been able to review all of the paperwork and is happy that there are good grounds for divorce.
The last stage of divorce is obtaining the 'Decree Absolute.' This can be applied for exactly six weeks and one day after the Decree Nisi is obtained. When you receive the Decree Absolute you are no longer classed as married and free to remarry.
