Family Law: Divorce FAQs
Chartlands Chambers can help you through your divorce, and are answering some FAQs covering the process.
How do I get divorced?
You will need to file a divorce petition at a Court, however, you need to decide what you are going to put on the papers, which will be your grounds for the divorce – these can be seen in the next question.
What are the grounds for a divorce?
Essentially there’s only one ground for divorce – irretrievable breakdown, however, this must be supported by one of the following facts:
- Your spouse has committed adultery
- Your spouse has behaved in such manner that you are no longer expected to live together
- You have lived apart from one another for two years and your spouse
- You have lived apart from your spouse for more than five years
- Your spouse has deserted you for two years
There are times where people have put ‘irreconcilable differences’ on a petition, however, this is not a sufficient enough reason – any of the above are more appropriate and will require further details.
How much will it cost?
How long is the process?
An average divorce case, excluding the resolve of finances, will take between four and six months. Sometimes it is better to finalise the financial statement prior to applying for the last stage of the divorce.
Is it adultery if we’re already separated?
Unfortunately not. If you are still married to your spouse, you haven’t obtained Decree Absolute, and someone starts a physical relationship with another person, this is considered adultery – it can be used as a grounds of divorce.