Quickie Divorce

[cazzrob]

Hi there, I got married June 2011, and discovered my husband on a dating website in May this year, Iv obviously left him and there is no going back. How soon can I divorce him as I dont see the point in staying married. Some people are telling me we have to be separated a year and others tell me I can get a quickie divorce if he agrees to it? Bit confused. TIA Cazz :-)

[cazzrob]

Sorry shoud say got married June 2010!!

[evil__sheep]

well as you've been married less than a month i would say there is no chance of getting a divorce quickly

[Amber-Rose]

I don't understand - you got married June 2001 and discovered him on the website May this year -- a month before the wedding...???
In any event, you have to be married for 12 months before you can apply for a divorce. There are only certain grounds for which one can be granted a divorce though, in such a short period of time.

[Hymie]

Met in May, married in June and divorced in July (of the same year).

Are you a rock/film star?

[cazzz1975]

couldnt you seek some sort of counselling first, it seems a shame to throw a marriage away so soon.

[Buenchico]

You must be able to show one of 5 specified grounds for being allowed to divorce. See here:
http://www.direct.gov...ingadivorce/DG_193734

For more general information, start here:
http://www.direct.gov...ingadivorce/index.htm

Chris

[cazzrob]

Please refer to my reply stating my mistake on the date.

[cazzrob]

Thank you Chris.x.

[STIDW]

You have to be married for a year before applying for divorce.

There is no such thing a a quickie divorce, it's a myth. However you go about divorce the procedure is exactly the same. An application (petition) is submitted to court along with a court fee and the marriage certificate. Then papers are served on the respondent who has eight days to acknowledge the service. If the divorce isn't contested the next stage is to apply for the nisi decree.

6 weeks after the nisi is granted the petitioner may apply for the absolute, Alternatively after another 3 months the respondent can apply for the absolute. However, the sticking point is usually the finances are settled after the nisi but before or at the same time as applying for the final decree (absolute) and that can hold things up considerably.

Whatever happens don't omit settling the finances with a court order, otherwise either party can make future claims against the other and there is no guarantee that future lottery wins, inheritances or accrued pension etc won't be shared.

[mike11111]

You can only get a divorce after a year on the grounds of adultery, otherwise it's two years with consent on both sides or five years if one party is unwilling. Unless of course the law has changed since I last studied it.

[STIDW]

There are five reasons you can give for the marriage breaking down - unreasonable behaviour, adultery, two years separation with consent, 5 years separation without consent and desertion. Desertion is rarely used because it is difficult the criteria is difficult to meet. With adultery there needs to be proof of sexual intercourse with a member of the other sex which is difficult to prove unless there is an admission. Many people don't want or can't afford to wait 2 or 5 years.

Almost any behaviour can be unreasonable in some circumstances. Examples are spending too much time working/on hobbies/watching TV/at the pub, not spending time together, not doing any chores, financial irresponsibility, an inappropriate relationship with someone else, embarrassing or controlling behaviour. 5 or 6 reasons are required and it's is best to frame them in a non-inflammatory way so the divorce can progress quickly.

Everything I have written above applies in England & Wales. It would be different in Scotland.

[cazzrob]

Thank you for your advice guys, I really appreciate it.x.