Divorce - Frequently Asked Questions
How long do we need to have been married?
You need to be married for at least 12 months before you can divorce. We can help you organise your paperwork in advance, so that when you reach the 12 month stage, you are well prepared to start divorce proceedings.
Do I have to name the other man/woman on an Adultery Petition?
Yes, it is possible to name the third party on the Divorce Petition, but we normally advise against this, as it often causes resentment and increases friction between the parties. You may be able to recuperate costs from the third party to pay for the divorce although claiming costs from your spouse is usually more appropriate. Often if you agree not to name the third party then the divorce is not defended and your spouse may even agree to pay your solicitors' fee for the divorce process.
Do I have to go to Court?
Only if the matter is defended by your spouse - ie; they refute the allegations made in the Divorce Petition and they ask the court to stop the divorce proceedings.
Not many divorces are defended because:
(a) the production of a divorce petition is a clear indication that the marriage has broken down and
(b) it can cost a lot of money to do defend the divorce with no clear advantage to be gained in the long run.
Divorce & Finances FAQ
Judicial Separation FAQ
Contact Kevin Smyth at Burt Brill and Cardens for caring and robust advice in relation to all aspects of your divorce.
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