Divorce Solicitors Leeds - West Yorkshire - Child Disputes and Matrimonial law specialists in the Leeds area of the UK
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Frequently Asked Questions about Divorce:
It may seem obvious but just what is divorce?
I have heard that some people have had their marriages annulled, what does that mean?
Do I have grounds for divorce?
I am not sure I want a divorce. Why must it be so final ?
I really would like to know just where I stand. What rights have I got ?
I want to have an amicable divorce, is it possible?
My spouse has said that they are going to defend the petition. Can they do this?
Divorce is the legal dissolution of your marriage. Once divorced you are no longer legally married to your husband or wife. Its a big step but one that many others have taken. Certain rights and obligations come to and end but there may be others in there place such as the obligation to pay maintenance.
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If
your marriage is annulled it means that a court has
decided that your marriage has never legitimately taken
place. This is a very rare occurrence. Most people
just get divorced. In the UK it is a relatively quick
and painless exercise though not one to be entered
into lightly.
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This depends. There is only one ground for divorce that the marriage has broken down irretrievably however, you have to prove one of five things,:
A. Adultery by your husband or wife.
B. Unreasonable behavior by your husband or wife.
C. Desertion for two years.
D. Two years separation with agreement.
E. Living apart for five years.
There is an alternative to divorce, Judicial Separation. It is the same as divorce except that you can't remarry and is designed mostly for people with religious or other views against divorce. There are three reasons however why divorce is often the best option :
A. If you believe the marriage has broken down irretrievably then it is better to get things over and done with as quickly as possible.
B. If you do run into difficulties over how to divide up the assets, maintenance etc then a divorce court can make an order to settle any disagreement.
C. Only the divorce court can make an order which settles financial matters once and for all. This will stop either you or your partner from going back on any agreement which may have been reached over money.
I really would like to know just where I stand. What rights have I got ?
The answer to this question
is different for virtually every person. The courts
have a wide discretion over what they will and will
not do when faced with problems arising out of the
marriage breakdown. It is only after careful consideration
of each case that an answer can be given. The court's
objective is to enable parties of a failed marriage "wherever
fairness allows" to go their separate ways.
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Few people really want a non amicable divorce but in truth many couples spend a lot of time arguing over issues which cause pain for very little gain.
Our aim is to make the amicable divorce a reality for
you whilst at the same time making sure that you are
being protected both financially and emotionally.
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When you have decided that
your marriage is over or had it decided for you, it
is best to get the divorce over with as quickly as
possible. We have all heard about divorces which take
many years and costs many thousands of pounds. These
divorces do exist but they are thankfully rare. The
average time in Leeds for the divorce itself is approximately
six months and possibly longer if there are children
and financial matters to deal with.
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The short answer is yes but
sometimes disputes involving children and property
can't be resolved. If you do have to go to court we
will brief you fully on the procedure and do our best
to put any fears or worries you may have to rest.
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Yes, but it is unlikely. Firstly it
is expensive to defend and secondly the only defenses
are that the marriage has not broken down (unlikely
if one party says it has) or that the marriage has
broken down but the it is your "fault" the
marriage has broken down. Defended divorces are so
rare that despite the many thousands we have completed
over the years we have not had a defended divorce in
the past five years.
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When
marriages break down and bitterness creeps in husbands
sometimes say they want to take the children even though
they have spent little time with the kids prior to
the divorce. This can either be a genuine belief that
the children will be better off with them or maybe
just an ill thought out proposal (husbands usually
work full time) or a case of hitting the woman where
it hurts most.
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Legal help for both parties usually resolves the problem without going to court enabling parents to prioritize what is best for the children and that usually means the children staying with their mother.
There
are two reasons: the glib answer is that you are
going to a court of Law and not of morality and
the other more practical reason is that if the court
had to sort out the rights and wrongs of who
did what during the marriage the case would never end
the divorcing couples costs would escalate without
it serving any purpose.
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The cost of not paying for advice at a very traumatic time can be even more expensive both emotionally and financially. Sure you can ask your friend what to do and there will be no end of people willing to give well meaning advice, but, in this area of life more than anything else "You get what you pay for". Sometimes the money spent now can prevent the breakdown of a divorce turning into a disaster which takes years if ever to recover from. And yes Legal services can be expensive. They are charged by the hour and so if you wish to argue it will cost you but if you are realistic and well advised (as you would be with us) it will be money well spent.
Questions?
If you are in the West Yorkshire area or are contemplating
court proceedings in the area please phone us.
Services
- Divorce
- Child Disputes
- Leeds Areas
- CALL 0800 91 90 18
- 24Hr EMERGENCY
- Family Specialists
