How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask plclegal Your Own Question
plclegal, Barrister
Category: Family Law
Satisfied Customers: 8005
Experience:  Barrister at law
Type Your Family Law Question Here...
plclegal is online now

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.

Please note that our discussions on this site are for general information purposes and do not create an lawyer-client relationship. It is always recommended that you consult with a local solicitor for specific legal information. You may receive a phone call request which is from the site, not me, and you may choose to ignore this request.

I'm reviewing your question and will revert back to you shortly. Please do not wait on line for a response, you will receive an email notification from JustAnswer to tell you that I have sent a reply.

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