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plclegal
plclegal, Barrister
Category: Family Law
Satisfied Customers: 8005
Experience:  Barrister at law
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Should Myself and my husband go to arbitration for our

Customer Question

Should Myself and my husband go to arbitration for our divorce how long may the process take until we have a decree Nisi and Absolute following a hearing
JA: What steps have you taken? Have you filed any papers in family court?
Customer: Yes papers filed
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: derbyshire
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: My husband has resisted my request for me to have our children (4 and 2 years) for 50% of the week even though he works full time and I work 3 days
Submitted: 11 days ago.
Category: Family Law
Expert:  plclegal replied 11 days ago.

Hello, my name is*****’ll do my best to assist you today and I’m sorry that you are going through this. I appreciate that is is important that you find a resolution as soon as possible.

Please bear in mind though that this is an email service and not live chat and therefore I may not respond immediately.

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Please be patient with me as I am generally assisting multiple customers at once! Thank you.

Expert:  plclegal replied 11 days ago.

There are two parts to the divorce, the legal act of ending the marriage and the financial order.

If you are agreed that you are going to divorce, and can agree the grounds, then the legal side is quite straightforward. The petitioner files the application, the respondent replies to the court papers to say they agree, then the application for decree nisi can be made and some 6 weeks after that the decree absolute. Court delays are making this process a little longer, but it can be completed in around 6 months to 9 months (max).

For the financial arrangements, you have to go to mediation first, to try and reach agreement. If you don't reach agreement, this process of going through the court hearings can take in excess of 12 months, quite easily.

The child arrangements are entirely separate to this process though - the divorce court does not rule on who the children live with or how much time they have with each parent. For that, you need to apply for a child arrangements order and these applications are normally resolved in around 6 months, unless the court has to hold a fact finding hearing where there are allegations of harm involved.

Can I clarify anything further about these timescales for you?

Expert:  plclegal replied 10 days ago.

Thank you again for visiting JustAnswer, please do let me know if you have any additional questions in the future. I am also happy to answer any new questions on other topics that you may have, you can request me by putting “for PLCLEGAL” at the start of the new thread. Best wishes, Peter