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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 997
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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Been separated over 9hrs need to get a divorced what do I do

Customer Question

Been separated over 9hrs need to get a divorced what do I do now
Submitted: 1 year ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Welcome to Just Answer
I am a Solicitor and will assist you.
Please may I ask - do you mean that you have been separated for 9 years rather than 9 hours?
Kind Regards
Caroline
Customer: replied 1 year ago.
Yes 9 years
Expert:  ukfamilysolicitor replied 1 year ago.
Thank you for confirming that for me.
Please may I ask:
- does you ex agree to divorce?
- do you know where your ex lives?
Kind Regards
Caroline
Customer: replied 1 year ago.
Yes she does
Yes I do
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for confirming that for me - that certainly makes things easier for you.
I will prepare you a full response in respect of the process. You will have a full answer in about 10 minutes.
Kind Regards
Caroline
Customer: replied 1 year ago.
Ok thank you Keith
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Keith
Thank you for your patience. Please accept my apologies for my delay in responding to you.
As you have been separated for 9 years - you are able to petition on 5 years (+) separation.
The consent of your wife is not really required with an application based on this ground - although it does help things run more smoothly if she agrees.
You need to fill in a divorce petition form to start a divorce. This is the form you need:
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/d008-eng.pdf
You must include your:
full name and address
husband or wife’s full name and address
marriage certificate - the original certificate or a copy from a register office
You will have to pay a £410 court fee to start a divorce. Cheque payable to HMCTS
Once you have filled in the form:
send 2 copies of the divorce petition form to the court
keep your own copies
This link will help you with where to send your form:
https://courttribunalfinder.service.gov.uk/search/
Once the court receive the forms - they will issue the papers and send a copy to your wife. Your wife should respond to say that she agrees.
Once your wife has done this - you can then apply for decree nisi on these forms:
http://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=154
http://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=150
6 weeks and 1 day after decree nisi has taken place you can apply for decree absolute on this form;
http://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=1114
Then you are divorced.
Also remember to have a think about the matrimonial finances and submitting a consent order.
Please don't hesitate to ask if I can clarify anything for you.
Kind Regards
Caroline
Please kindly remember to rate positively so that we receive credit for our work.
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Keith
Thank you for your patience. Please accept my apologies for my delay in responding to you.
As you have been separated for 9 years - you are able to petition on 5 years (+) separation.
The consent of your wife is not really required with an application based on this ground - although it does help things run more smoothly if she agrees.
You need to fill in a divorce petition form to start a divorce. This is the form you need:
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/d008-eng.pdf
You must include your:
full name and address
husband or wife’s full name and address
marriage certificate - the original certificate or a copy from a register office
You will have to pay a £410 court fee to start a divorce. Cheque payable to HMCTS
Once you have filled in the form:
send 2 copies of the divorce petition form to the court
keep your own copies
This link will help you with where to send your form:
https://courttribunalfinder.service.gov.uk/search/
Once the court receive the forms - they will issue the papers and send a copy to your wife. Your wife should respond to say that she agrees.
Once your wife has done this - you can then apply for decree nisi on these forms:
http://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=154
http://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=150
6 weeks and 1 day after decree nisi has taken place you can apply for decree absolute on this form;
http://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=1114
Then you are divorced.
Also remember to have a think about the matrimonial finances and submitting a consent order.
Please don't hesitate to ask if I can clarify anything for you.
Kind Regards
Caroline
Please kindly remember to rate positively so that we receive credit for our work.
Expert:  ukfamilysolicitor replied 1 year ago.
Please kindly remember to rate positively - we receive no credit for our work if positive feedback is not received. Thank you