Step1
The person asking for the divorce is the Petitioner. The other party is called the Respondent. Their legal advisors are called "solicitors" or lawyers. If a third person is cited, e.g. in an adultery case, that person is called the Co-Respondent. Citing other people in divorce is strongly disencouraged by the courts in England and Wales. It is unnecessary and is regarded by the courts as petty and spiteful behaviour by the Petitioner. It should only be done if the Petitioner wants to claim costs from the Co-respondent but it should be remembered that if the Co-respondent refuses to co-operate, citing him or her may simply cause more trouble than it is worth. Most solicitors don't recommend it.
Step2
The "petition for divorce" is filed at the Principal Registry of the Family Division or any county court in England and Wales. The petition cannot be accepted unless the parties have been married at least one year. It must be properly completed and filed in triplicate, and be accompanied by your certified copy of your marriage certificate and your payment of the court fee, or your fee exemption application form. Divorce in England and Wales is based on irretrievable breakdown of the marriage, because of one of five facts. These are: -
a. adultery by the Respondent
b. unreasonable behaviour by the Respondent
c. the parties have lived separate and apart for two years continuously up to the date of the petition, and the Respondent consents to a decree being granted.
d. desertion by the Respondent
e. the parties have lived separately and apart for five years continuously up to the date of the Petition; no consent by the Respondent is required.
Step3
The divorce petition sets out who the parties are, where they live, where and when they married and what children of the marriage there are. It states why the English/Welsh courts have jurisdiction, e.g. because one or both parties are domiciled and resident in England and Wales.
It asks for the marriage to be dissolved and sets out the grounds, and states what orders are sought in relation to property, finances and children.
Step4
With the petition for divorce, a Statement of Information about the children of the marriage is also filed. This names any children and their dates of birth, says where they live, where they go to school, what health problems they have if any. It should be noted that orders are no longer called "custody" and "access" in children cases. "Custody" has become "Residence" and "access" has become "contact". This is because children are people in their own right and not possessions of their parents.
Step5
We have seen that the petition was filed at the court in triplicate. The court seals the copies and keeps one for its file. It returns another to the Petitioner's solicitor, and sends the third to the Respondent or her solicitor, with a form called the Acknowledgement of Service form. The Respondent is required to complete and return this to the Court within eight days.
Step6
When the Court receives the Acknowledgement of Service form back from the Respondent, it seals the form and sends a copy to the Petitioner's solicitors. The Petitioner then has to swear an affidavit that the signature on the form is that of his wife, the Respondent. His affidavit is then sent to the court with the Acknowledgement of Service and his Application for Directions for Trial.
Step7
The judge then considers the papers and decides whether there should be a divorce. If he is not satisfied, he issues a Certificate of Refusal stating his reasons. This is unusual if the papers have been completed properly. If he is satisfied, he issues a Certificate of Entitlement. This document states that the Petitioner is entitled to a divorce by reason of, for example, the Respondent's adultery or unreasonable behaviour. It states when and where the Decree Nisi will be pronounced.
Step8
Decree Nisi is pronounced, and a certificate is sent to both parties or their solicitors. The decree nisi states that the judge has held that the marriage has irretrievably broken down, the reason found being that the Respondent has behaved so unreasonably that the Petitioner cannot reasonably be expected to live with her. This is not the final decree and at this stage the parties are still legally married.
Step9
At this stage the solicitors try to resolve outstanding financial issues between the parties. It is important that these matters are agreed and a financial Consent Order signed by the parties. The Petitioner's solicitors will not apply for the Decree Nisi to be made absolute until this has happened. If it takes a long time and the Respondent's solicitors apply for the decree absolute, the Petitioner's solicitors may ask the court to postpone pronouncement of the decree pending resolution of financial issues.
Step10
Six weeks and one day after pronouncement of the decree nisi, IF financial issues have been resolved and a Consent Order agreed, the Petitioner's solicitors may apply for the Decree Nisi to be made absolute. The parties can change their minds at any time up to this point, but if only one party has a change of heart, it is not so easy to stop the process. Decree Absolute is issued about a week after the application is received by the court. This finally dissolves the marriage and leaves the parties free to remarry.
Novice 
