Thank you for your response.
Please accept my apologies for my delay in responding to you today.
As long as their marriage was a legal one in Nevada then it will be a legal marriage here.
As your daughter intends to remain in this jurisdciton and has resided here for the last 2 years, then it is appropriate for her to divorce in this jurisdiction.
If there was no abise then your daughter wont be able to get legal aid as the rules have changed.
Divorce itself is really a paper based exercise now and if it is not contested then they will not have to attend at court.
Divorce can be for one of the followin reasons:
I note that they have been separated for 2 years and therefore your daughter could petition on this basis. The only issue with a petition of this type is that the husbands consent is required and the problem is that he could withdraw his consent at any point during the process and if he did then yoru daughter would have to petition again under a different reason.
The other reason your daughter could petition under is unreasonable behaviour. For a petition of this type then your daughter needs 6 / 7 reasons as to why she can no longer remain married to her husband. The reasons are subjective but do not ahve to be hostile. Such reasons can be that ... 'he did not pay me enough attention.'
If is really worth your daughter having a chat with your husband and then choosing her petition. A copy could also be sent to him before being sent to the court for his approval so that there are no suprises.
This is the divorce petition that your daughetr will need to fill out:
Once your daughter has filled out the form then it will need to be sent to your regional divorce centre. This search will hel you locate your closest one:
There is a court fee payable of £550 when the divorce petition is issued. Your daughter may be eligible for a reduction or waiver depending on her means.
The court will then send a copy of the petition to the husband. If he agrees this then your daughter can apply for decree nisi and once this is pronounced she can then apply for decree absolute 6 weeks and 1 day later. Decree absolute will mean they are divorced and free to remarry.
I note that there has already been a division of the matrimonial assets. It may be worth considering a clean break consetn order to prevent any future claims. If this can be agreed then it shold be submitted to the court for approval when applying for decree absolute.
Let me know if I can assist you further
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